Quite a bit has changed since our March sessions - not just the Prime Minister and the country’s approach to Europe, but also a fair amount that affects day to day legal practice.
We’ll be cutting through the noise on Brexit and looking at what companies and other bodies are doing now, and what you can and should be doing, for what may be a few uncertain years.
You’ll have greater clarity as to how Brexit affects the different areas of law that are governed by European regulation, including technology law, commercial law, data protection, intellectual property rights and employment law.
In particular you’ll better understand what to do when advising your clients, dealing with contracts and new projects, and know where there are areas of emerging certainty. We’ll also be sharing drafting.
Not all that’s new is Brexit-related - so we’ll also be covering new regulations and new case law over the last 6-12 months, including how recent decisions affect offers to settle disputes.
https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Quite a bit has changed since our March sessions - not just the Prime Minister and the country’s approach to Europe, but also a fair amount that affects day to day legal practice.
We’ll be cutting through the noise on Brexit and looking at what companies and other bodies are doing now, and what you can and should be doing, for what may be a few uncertain years.
You’ll have greater clarity as to how Brexit affects the different areas of law that are governed by European regulation, including technology law, commercial law, data protection, intellectual property rights and employment law.
In particular you’ll better understand what to do when advising your clients, dealing with contracts and new projects, and know where there are areas of emerging certainty. We’ll also be sharing drafting.
Not all that’s new is Brexit-related - so we’ll also be covering new regulations and new case law over the last 6-12 months, including how recent decisions affect offers to settle disputes.
https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Quite a bit has changed since our March sessions - not just the Prime Minister and the country’s approach to Europe, but also a fair amount that affects day to day legal practice.
We’ll be cutting through the noise on Brexit and looking at what companies and other bodies are doing now, and what you can and should be doing, for what may be a few uncertain years.
You’ll have greater clarity as to how Brexit affects the different areas of law that are governed by European regulation, including technology law, commercial law, data protection, intellectual property rights and employment law.
In particular you’ll better understand what to do when advising your clients, dealing with contracts and new projects, and know where there are areas of emerging certainty. We’ll also be sharing drafting.
Not all that’s new is Brexit-related - so we’ll also be covering new regulations and new case law over the last 6-12 months, including how recent decisions affect offers to settle disputes.
https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Quite a bit has changed since our March sessions - not just the Prime Minister and the country’s approach to Europe, but also a fair amount that affects day to day legal practice.
We’ll be cutting through the noise on Brexit and looking at what companies and other bodies are doing now, and what you can and should be doing, for what may be a few uncertain years.
You’ll have greater clarity as to how Brexit affects the different areas of law that are governed by European regulation, including technology law, commercial law, data protection, intellectual property rights and employment law.
In particular you’ll better understand what to do when advising your clients, dealing with contracts and new projects, and know where there are areas of emerging certainty. We’ll also be sharing drafting.
Not all that’s new is Brexit-related - so we’ll also be covering new regulations and new case law over the last 6-12 months, including how recent decisions affect offers to settle disputes.
https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
This document discusses public procurement and bid rigging in India. It notes that public procurement is a major government activity used to support infrastructure, defense, utilities and more. There is no single body responsible for procurement policies, which are outlined in various documents. Bid rigging occurs when bidders collude to undermine the competitive bidding process. It is considered anti-competitive under the Competition Act. The Competition Commission of India can investigate alleged bid rigging. Issues in public procurement include lack of transparency, abuse of dominance, and cartel formation. Courts have emphasized transparency, fairness and eliminating irregularities in procurement.
This document summarizes vertical agreements under EU competition law. It discusses that vertical restraints are generally less harmful than horizontal restraints. It outlines the de minimis rule for vertical agreements between non-competing undertakings. It also describes exceptions to Article 101(1) such as genuine agency, subcontracting, and franchise agreements. The document then discusses the Block Exemption Regulation requirements for vertical restraints to be exempt from Article 101(1), including supplier and buyer market share thresholds and prohibited hardcore restrictions. It provides details on assessing vertical agreements if they fall outside the block exemption.
This document summarizes bid rigging and the relevant provisions in the Competition Act 2002 regarding bid rigging in India. It defines bid rigging as agreements between bidders that eliminate or reduce competition in bids or manipulate the bidding process. Common forms of bid rigging include agreements to submit identical bids, determine the lowest bidder in advance, or exclude outside bidders. The Competition Commission of India can investigate suspected bid rigging and impose penalties on parties found to be involved, including fines of up to 10% of turnover.
The document summarizes key information for motor vehicle dealers regarding franchise agreements and the current legislative landscape in Australia. It notes that while there is no ideal franchise agreement, recent and proposed changes to laws such as the Franchising Code of Conduct may help improve protections for dealers. It outlines challenges facing the Australian automotive industry and reviews existing legal protections for franchise agreements from unfair contract terms and unjust conduct. The presentation provides an overview of relevant laws and regulations regarding franchise agreements in Australia.
Quite a bit has changed since our March sessions - not just the Prime Minister and the country’s approach to Europe, but also a fair amount that affects day to day legal practice.
We’ll be cutting through the noise on Brexit and looking at what companies and other bodies are doing now, and what you can and should be doing, for what may be a few uncertain years.
You’ll have greater clarity as to how Brexit affects the different areas of law that are governed by European regulation, including technology law, commercial law, data protection, intellectual property rights and employment law.
In particular you’ll better understand what to do when advising your clients, dealing with contracts and new projects, and know where there are areas of emerging certainty. We’ll also be sharing drafting.
Not all that’s new is Brexit-related - so we’ll also be covering new regulations and new case law over the last 6-12 months, including how recent decisions affect offers to settle disputes.
https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Quite a bit has changed since our March sessions - not just the Prime Minister and the country’s approach to Europe, but also a fair amount that affects day to day legal practice.
We’ll be cutting through the noise on Brexit and looking at what companies and other bodies are doing now, and what you can and should be doing, for what may be a few uncertain years.
You’ll have greater clarity as to how Brexit affects the different areas of law that are governed by European regulation, including technology law, commercial law, data protection, intellectual property rights and employment law.
In particular you’ll better understand what to do when advising your clients, dealing with contracts and new projects, and know where there are areas of emerging certainty. We’ll also be sharing drafting.
Not all that’s new is Brexit-related - so we’ll also be covering new regulations and new case law over the last 6-12 months, including how recent decisions affect offers to settle disputes.
https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Quite a bit has changed since our March sessions - not just the Prime Minister and the country’s approach to Europe, but also a fair amount that affects day to day legal practice.
We’ll be cutting through the noise on Brexit and looking at what companies and other bodies are doing now, and what you can and should be doing, for what may be a few uncertain years.
You’ll have greater clarity as to how Brexit affects the different areas of law that are governed by European regulation, including technology law, commercial law, data protection, intellectual property rights and employment law.
In particular you’ll better understand what to do when advising your clients, dealing with contracts and new projects, and know where there are areas of emerging certainty. We’ll also be sharing drafting.
Not all that’s new is Brexit-related - so we’ll also be covering new regulations and new case law over the last 6-12 months, including how recent decisions affect offers to settle disputes.
https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
This document discusses public procurement and bid rigging in India. It notes that public procurement is a major government activity used to support infrastructure, defense, utilities and more. There is no single body responsible for procurement policies, which are outlined in various documents. Bid rigging occurs when bidders collude to undermine the competitive bidding process. It is considered anti-competitive under the Competition Act. The Competition Commission of India can investigate alleged bid rigging. Issues in public procurement include lack of transparency, abuse of dominance, and cartel formation. Courts have emphasized transparency, fairness and eliminating irregularities in procurement.
This document summarizes vertical agreements under EU competition law. It discusses that vertical restraints are generally less harmful than horizontal restraints. It outlines the de minimis rule for vertical agreements between non-competing undertakings. It also describes exceptions to Article 101(1) such as genuine agency, subcontracting, and franchise agreements. The document then discusses the Block Exemption Regulation requirements for vertical restraints to be exempt from Article 101(1), including supplier and buyer market share thresholds and prohibited hardcore restrictions. It provides details on assessing vertical agreements if they fall outside the block exemption.
This document summarizes bid rigging and the relevant provisions in the Competition Act 2002 regarding bid rigging in India. It defines bid rigging as agreements between bidders that eliminate or reduce competition in bids or manipulate the bidding process. Common forms of bid rigging include agreements to submit identical bids, determine the lowest bidder in advance, or exclude outside bidders. The Competition Commission of India can investigate suspected bid rigging and impose penalties on parties found to be involved, including fines of up to 10% of turnover.
The document summarizes key information for motor vehicle dealers regarding franchise agreements and the current legislative landscape in Australia. It notes that while there is no ideal franchise agreement, recent and proposed changes to laws such as the Franchising Code of Conduct may help improve protections for dealers. It outlines challenges facing the Australian automotive industry and reviews existing legal protections for franchise agreements from unfair contract terms and unjust conduct. The presentation provides an overview of relevant laws and regulations regarding franchise agreements in Australia.
The Monopolies and Restrictive Trade Practices (MRTP) Act of 1969 aims to ensure economic power is not concentrated in few hands and to control monopolies and prohibit restrictive trade practices. The Act applies to all of India except Jammu and Kashmir. Certain government and cooperative undertakings are exempt. The Act prohibits restrictive trade practices that limit competition or control resources and prices. Unfair trade practices under the Act include false representations, false offers, non-compliance with standards, and hoarding or destroying goods to raise prices. Relief includes discontinuing practices, voiding related agreements, and disclosing information. Remedies include temporary injunctions and compensation.
The MRTP Act of 1969 aimed to prevent concentration of economic power and regulate monopolies and restrictive trade practices. It established a commission to control monopolies, unfair trade practices, and restrictive agreements. The act applied to government companies and corporations but exempted cooperatives and financial institutions. It prohibited practices like production control, limiting competition, and false product representations. Remedies included voiding restrictive agreements, ordering practices not be repeated, and providing compensation. However, the commission lacked resources and definitions of anti-competitive practices were inadequate to effectively address issues.
This brochure from the Competition Commission of Pakistan (CCP) outlines anti-competitive business practices and encourages compliance with competition laws. It explains that businesses should avoid price-fixing, market allocation, bid rigging, abuse of dominance, and other prohibited agreements that restrict competition. The brochure also provides information on merger review processes, deceptive marketing practices, complaint and whistleblowing procedures, and CCP inspection powers.
The document discusses the Monopolistic and Restrictive Trade Practices Act of India. It was enacted in 1969 to prevent concentration of economic power and control monopolies and unfair/restrictive trade practices. It was amended in 1991 to focus more on prohibiting unfair/restrictive practices rather than controlling company size. The act established the MRTP Commission to investigate complaints and issue orders but it had limited effectiveness due to resource constraints and lack of clear definitions. A new Competition Act was passed in 2002 to address the shortcomings of the MRTP Act.
Transfer pricing regulations in India apply to cross-border transactions between associated enterprises and certain domestic transactions. The goal is to determine an arm's length price that an unrelated party would pay in an open market. Associated enterprises include those with common ownership or control, as well as relationships defined in the law. International transactions include cross-border trade, services, lending and other activities. Taxpayers must document their transfer prices and obtain an accountant's report. If adjustments are made, the taxpayer's income may increase and penalties could apply.
PUBLIC PROCUREMENT REGIME & AN OVERVIEW OF PUBLIC PROCUREMENT RULES, 2004 Nadeem Khan
This document provides an overview of Pakistan's public procurement regime, including the Public Procurement Regulatory Authority (PPRA), applicable laws and regulations, key definitions, procurement principles, and methods. Some of the main points covered include:
- The PPRA was established in 2002 to regulate public procurement and ensure compliance with international standards.
- Procurement rules cover the acquisition of goods, works and services by federal government agencies and organizations.
- Procurement must follow principles of fairness, transparency, efficiency and value for money. Accepted methods include petty purchases, quotations, and open competitive bidding depending on financial limits.
- Detailed requirements address specifications, approval processes, advertising methods, response times
This document discusses India's transfer pricing laws under sections 92-92F of the Income Tax Act. It provides an overview of key concepts such as the definition of associated enterprises, international transactions subject to transfer pricing rules, and the computation of arm's length price. The objective of these laws is to prevent profit diversion and ensure reasonable tax is paid in India on transactions between related parties.
Hot Legal Issues In This Economy For Material Handling & Industrial Equip...jisilberman
The document summarizes key legal issues for material handling and industrial equipment businesses in the current economy, including:
1) The sharp decline in orders for material handling equipment in 2008-2009 due to reduced industrial activity and factory utilization.
2) Protections for dealers under the New Jersey Franchise Practices Act, including requirements for good cause for termination and 60 days notice.
3) Pennsylvania law also recognizes some protection against arbitrary termination for dealers through precedent court cases.
International & Domestic transfer pricing - Presentation - pptVaibhav Vakharia
The document discusses transfer pricing under Indian tax laws. It defines transfer price as the price assumed to have been charged between related entities for goods, services or other transactions. It notes major concerns around tax savings and profit shifting. It outlines the applicability of transfer pricing to international and specified domestic transactions between associated enterprises. It discusses key definitions and concepts around associated enterprises, arms-length price, and documentation requirements. Penalties for non-compliance with transfer pricing regulations are also summarized.
1. The document discusses how the Consumer Protection Act (CPA) regulates marketing practices in South Africa and how business owners should comply. It outlines who the CPA applies to as suppliers and consumers and what constitutes marketing under the Act. 2. The CPA prohibits unfair, misleading and deceptive marketing practices like false representations and bait marketing. It also regulates promotional competitions, direct marketing and cooling off periods. 3. The conclusion advises business owners to align their marketing and terms and conditions with the CPA to limit risk and ensure transactions are compliant.
The Competition Act 2002 aims to prevent anti-competitive practices, promote competition, protect consumer interests and ensure freedom of trade in India. It prohibits anti-competitive agreements and abuse of dominant position. It regulates combinations (mergers, acquisitions, amalgamations) that cause an appreciable adverse effect on competition in the relevant market. Enterprises are prohibited from entering into anti-competitive agreements and abusing dominant positions. Combinations above certain financial thresholds require approval from the Competition Commission of India.
Transfer pricing provisions in India revolve around international transactions between associated enterprises. The key concepts are international transaction, associated enterprise, and arm's length price. Tax authorities require documentation to establish that transfer prices are at arm's length. Non-compliance can result in income adjustments and penalties. Safe harbour rules provide certain transactions predefined arm's length pricing.
Public procurement regularity authority (ppra)TaseerBaloch1
The document discusses the Public Procurement Regularity Authority (PPRA) of Pakistan. It provides background on the need for procurement reforms that led to the establishment of PPRA in 2002. It outlines PPRA's functions of improving governance and transparency in public procurement. It also describes PPRA's legal framework and the public procurement rules and regulations it has established. The document then provides details on the public procurement process and cycle in Pakistan according to PPRA's rules and guidelines.
This document provides an overview and summary of a seminar on domestic transfer pricing regulations in India. It discusses key concepts related to domestic transfer pricing such as sections 40A(2)(b), 80IA(8), and 80IA(10) of the Income Tax Act and how they relate to transactions between related parties. It also summarizes the Glaxo Smithkline case which prompted the introduction of detailed domestic transfer pricing regulations. The document then outlines the domestic transfer pricing compliances, documentation requirements, penalties for non-compliance, and provides examples of domestic transfer pricing case studies.
This document summarizes the Monopolies and Restrictive Trade Practices (MRTP) Act of 1969 in India. The key points are:
1) The MRTP Act was enacted to control monopolies and prohibit restrictive trade practices that could concentrate economic power in few hands or distort competition.
2) The Act applies to all of India except Jammu and Kashmir. Government organizations are exempt.
3) Restrictive trade practices prevent or distort competition. Unfair trade practices use deception to promote sales.
4) The MRTP Act provides relief such as discontinuing unlawful practices, voiding related agreements, and disclosing information. Remedies include temporary injunctions and compensation.
FREQUENTLY ASKED QUESTIONS(FAQs) RELATED TO PROCUREMENT Nadeem Khan
The document contains answers to frequently asked questions (FAQs) about public procurement in Pakistan.
1) The minimum response time for procurement advertisements is 15 days for national competitive bidding and 30 days for international competitive bidding, as per Rule 13 of the Public Procurement Rules 2004. Procuring agencies can increase the response time depending on the procurement nature.
2) Response time is calculated from the date of first advertisement publication in a newspaper or on the PPRA website. If advertised in both print and online, the response time is calculated from the newspaper publication date.
3) Procuring agencies may require up to 5% bid security of the bid price as per Rule 25, but cannot fix the
PPRA rules 2004, Rules relating to Procurement by procuring agencies i.e. Institutions coming under the Federal Government. Guidelines for procurement. Topic relating to commercial functions of Government's procurement agencies
The document summarizes key aspects of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 or the SEBI Takeover Code. It outlines the objectives of protecting shareholder interests and ensuring adequate disclosure in M&A transactions. It defines important terms like acquirer, control and persons acting in concert. It also describes provisions around periodic disclosures, open offer triggers, exemptions and timelines that must be followed for open offers.
Trade Secret and Unfair Competition - Employment IssuesQWCooper
Protecting Trade Secrets is critical for business success.
This presentation will provide a general overview of trade secrets
and unfair competition in the work place and provide some tools for companies to safeguard trade secrets and mitigate potential risks.
The document summarizes key aspects of the Modern Slavery Act 2015 and the Consumer Rights Act 2015.
The Modern Slavery Act requires large companies to disclose steps taken to eliminate slavery and human trafficking from their supply chains. It defines slavery and human trafficking. Companies must produce an annual statement detailing compliance.
The Consumer Rights Act updates UK consumer law. It gives consumers new rights when purchasing goods and services, including 30-day refunds, requirements that services be provided with reasonable care, and protections against unfair contract terms.
1. The document provides a summary of recent legal cases and developments in various areas of technical claims, including costs, credit hire, causation, and liability.
2. Key cases discussed include one limiting costs in minor claims to the small claims track, another holding a credit hire company accountable for delays in authorizing vehicle repairs, and a Court of Appeal decision finding a local council did not owe visitors a duty of care at a horse fair.
3. Legislative developments covered include a bill to modernize third party rights against insurers and a proposed Consumer Insurance Bill that would update rules around misrepresentation in insurance contracts.
The Monopolies and Restrictive Trade Practices (MRTP) Act of 1969 aims to ensure economic power is not concentrated in few hands and to control monopolies and prohibit restrictive trade practices. The Act applies to all of India except Jammu and Kashmir. Certain government and cooperative undertakings are exempt. The Act prohibits restrictive trade practices that limit competition or control resources and prices. Unfair trade practices under the Act include false representations, false offers, non-compliance with standards, and hoarding or destroying goods to raise prices. Relief includes discontinuing practices, voiding related agreements, and disclosing information. Remedies include temporary injunctions and compensation.
The MRTP Act of 1969 aimed to prevent concentration of economic power and regulate monopolies and restrictive trade practices. It established a commission to control monopolies, unfair trade practices, and restrictive agreements. The act applied to government companies and corporations but exempted cooperatives and financial institutions. It prohibited practices like production control, limiting competition, and false product representations. Remedies included voiding restrictive agreements, ordering practices not be repeated, and providing compensation. However, the commission lacked resources and definitions of anti-competitive practices were inadequate to effectively address issues.
This brochure from the Competition Commission of Pakistan (CCP) outlines anti-competitive business practices and encourages compliance with competition laws. It explains that businesses should avoid price-fixing, market allocation, bid rigging, abuse of dominance, and other prohibited agreements that restrict competition. The brochure also provides information on merger review processes, deceptive marketing practices, complaint and whistleblowing procedures, and CCP inspection powers.
The document discusses the Monopolistic and Restrictive Trade Practices Act of India. It was enacted in 1969 to prevent concentration of economic power and control monopolies and unfair/restrictive trade practices. It was amended in 1991 to focus more on prohibiting unfair/restrictive practices rather than controlling company size. The act established the MRTP Commission to investigate complaints and issue orders but it had limited effectiveness due to resource constraints and lack of clear definitions. A new Competition Act was passed in 2002 to address the shortcomings of the MRTP Act.
Transfer pricing regulations in India apply to cross-border transactions between associated enterprises and certain domestic transactions. The goal is to determine an arm's length price that an unrelated party would pay in an open market. Associated enterprises include those with common ownership or control, as well as relationships defined in the law. International transactions include cross-border trade, services, lending and other activities. Taxpayers must document their transfer prices and obtain an accountant's report. If adjustments are made, the taxpayer's income may increase and penalties could apply.
PUBLIC PROCUREMENT REGIME & AN OVERVIEW OF PUBLIC PROCUREMENT RULES, 2004 Nadeem Khan
This document provides an overview of Pakistan's public procurement regime, including the Public Procurement Regulatory Authority (PPRA), applicable laws and regulations, key definitions, procurement principles, and methods. Some of the main points covered include:
- The PPRA was established in 2002 to regulate public procurement and ensure compliance with international standards.
- Procurement rules cover the acquisition of goods, works and services by federal government agencies and organizations.
- Procurement must follow principles of fairness, transparency, efficiency and value for money. Accepted methods include petty purchases, quotations, and open competitive bidding depending on financial limits.
- Detailed requirements address specifications, approval processes, advertising methods, response times
This document discusses India's transfer pricing laws under sections 92-92F of the Income Tax Act. It provides an overview of key concepts such as the definition of associated enterprises, international transactions subject to transfer pricing rules, and the computation of arm's length price. The objective of these laws is to prevent profit diversion and ensure reasonable tax is paid in India on transactions between related parties.
Hot Legal Issues In This Economy For Material Handling & Industrial Equip...jisilberman
The document summarizes key legal issues for material handling and industrial equipment businesses in the current economy, including:
1) The sharp decline in orders for material handling equipment in 2008-2009 due to reduced industrial activity and factory utilization.
2) Protections for dealers under the New Jersey Franchise Practices Act, including requirements for good cause for termination and 60 days notice.
3) Pennsylvania law also recognizes some protection against arbitrary termination for dealers through precedent court cases.
International & Domestic transfer pricing - Presentation - pptVaibhav Vakharia
The document discusses transfer pricing under Indian tax laws. It defines transfer price as the price assumed to have been charged between related entities for goods, services or other transactions. It notes major concerns around tax savings and profit shifting. It outlines the applicability of transfer pricing to international and specified domestic transactions between associated enterprises. It discusses key definitions and concepts around associated enterprises, arms-length price, and documentation requirements. Penalties for non-compliance with transfer pricing regulations are also summarized.
1. The document discusses how the Consumer Protection Act (CPA) regulates marketing practices in South Africa and how business owners should comply. It outlines who the CPA applies to as suppliers and consumers and what constitutes marketing under the Act. 2. The CPA prohibits unfair, misleading and deceptive marketing practices like false representations and bait marketing. It also regulates promotional competitions, direct marketing and cooling off periods. 3. The conclusion advises business owners to align their marketing and terms and conditions with the CPA to limit risk and ensure transactions are compliant.
The Competition Act 2002 aims to prevent anti-competitive practices, promote competition, protect consumer interests and ensure freedom of trade in India. It prohibits anti-competitive agreements and abuse of dominant position. It regulates combinations (mergers, acquisitions, amalgamations) that cause an appreciable adverse effect on competition in the relevant market. Enterprises are prohibited from entering into anti-competitive agreements and abusing dominant positions. Combinations above certain financial thresholds require approval from the Competition Commission of India.
Transfer pricing provisions in India revolve around international transactions between associated enterprises. The key concepts are international transaction, associated enterprise, and arm's length price. Tax authorities require documentation to establish that transfer prices are at arm's length. Non-compliance can result in income adjustments and penalties. Safe harbour rules provide certain transactions predefined arm's length pricing.
Public procurement regularity authority (ppra)TaseerBaloch1
The document discusses the Public Procurement Regularity Authority (PPRA) of Pakistan. It provides background on the need for procurement reforms that led to the establishment of PPRA in 2002. It outlines PPRA's functions of improving governance and transparency in public procurement. It also describes PPRA's legal framework and the public procurement rules and regulations it has established. The document then provides details on the public procurement process and cycle in Pakistan according to PPRA's rules and guidelines.
This document provides an overview and summary of a seminar on domestic transfer pricing regulations in India. It discusses key concepts related to domestic transfer pricing such as sections 40A(2)(b), 80IA(8), and 80IA(10) of the Income Tax Act and how they relate to transactions between related parties. It also summarizes the Glaxo Smithkline case which prompted the introduction of detailed domestic transfer pricing regulations. The document then outlines the domestic transfer pricing compliances, documentation requirements, penalties for non-compliance, and provides examples of domestic transfer pricing case studies.
This document summarizes the Monopolies and Restrictive Trade Practices (MRTP) Act of 1969 in India. The key points are:
1) The MRTP Act was enacted to control monopolies and prohibit restrictive trade practices that could concentrate economic power in few hands or distort competition.
2) The Act applies to all of India except Jammu and Kashmir. Government organizations are exempt.
3) Restrictive trade practices prevent or distort competition. Unfair trade practices use deception to promote sales.
4) The MRTP Act provides relief such as discontinuing unlawful practices, voiding related agreements, and disclosing information. Remedies include temporary injunctions and compensation.
FREQUENTLY ASKED QUESTIONS(FAQs) RELATED TO PROCUREMENT Nadeem Khan
The document contains answers to frequently asked questions (FAQs) about public procurement in Pakistan.
1) The minimum response time for procurement advertisements is 15 days for national competitive bidding and 30 days for international competitive bidding, as per Rule 13 of the Public Procurement Rules 2004. Procuring agencies can increase the response time depending on the procurement nature.
2) Response time is calculated from the date of first advertisement publication in a newspaper or on the PPRA website. If advertised in both print and online, the response time is calculated from the newspaper publication date.
3) Procuring agencies may require up to 5% bid security of the bid price as per Rule 25, but cannot fix the
PPRA rules 2004, Rules relating to Procurement by procuring agencies i.e. Institutions coming under the Federal Government. Guidelines for procurement. Topic relating to commercial functions of Government's procurement agencies
The document summarizes key aspects of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 or the SEBI Takeover Code. It outlines the objectives of protecting shareholder interests and ensuring adequate disclosure in M&A transactions. It defines important terms like acquirer, control and persons acting in concert. It also describes provisions around periodic disclosures, open offer triggers, exemptions and timelines that must be followed for open offers.
Trade Secret and Unfair Competition - Employment IssuesQWCooper
Protecting Trade Secrets is critical for business success.
This presentation will provide a general overview of trade secrets
and unfair competition in the work place and provide some tools for companies to safeguard trade secrets and mitigate potential risks.
The document summarizes key aspects of the Modern Slavery Act 2015 and the Consumer Rights Act 2015.
The Modern Slavery Act requires large companies to disclose steps taken to eliminate slavery and human trafficking from their supply chains. It defines slavery and human trafficking. Companies must produce an annual statement detailing compliance.
The Consumer Rights Act updates UK consumer law. It gives consumers new rights when purchasing goods and services, including 30-day refunds, requirements that services be provided with reasonable care, and protections against unfair contract terms.
1. The document provides a summary of recent legal cases and developments in various areas of technical claims, including costs, credit hire, causation, and liability.
2. Key cases discussed include one limiting costs in minor claims to the small claims track, another holding a credit hire company accountable for delays in authorizing vehicle repairs, and a Court of Appeal decision finding a local council did not owe visitors a duty of care at a horse fair.
3. Legislative developments covered include a bill to modernize third party rights against insurers and a proposed Consumer Insurance Bill that would update rules around misrepresentation in insurance contracts.
The document summarizes recent developments in proportionality assessments for legal costs in UK courts. It discusses two recent cases where the Senior Costs Judge and Master applied the new proportionality test and reduced costs awards that had been deemed reasonably incurred based on line-by-line assessments. The new test requires standing back after a detailed assessment and considering if the overall costs are disproportionate given the nature of the case. This represents a change that increases the risk faced by litigants and lawyers in terms of recovering costs. The effect may be to increase the use of costs budgeting early in claims.
Accounting and Financial Reporting Update for the Health Care IndustryPYA, P.C.
Recent Financial Accounting Standards Board and Governmental Accounting Standards Board activity related to revenue recognition, leases, and other audit and accounting topics are discussed within this presentation.
The document summarizes key changes between the new Malaysian Code on Take-Overs and Mergers 2016 (New Code) and the previous 2010 version (Old Code). The New Code consists of general principles while the Rules provide additional operational guidance. Key changes include the Rules now applying to some unlisted companies, mandatory offers applying to upstream acquisitions, differing minimum offer prices, revised announcement timing, and a new auction procedure for competitive offers.
InBIA Slides - Legal Issues for AcceleratorRoger Royse
This document discusses several key legal issues for accelerators. It covers the differences between leases and licenses, regulatory compliance considerations, types of funding structures like equity, debt, and SAFE instruments. It also discusses security laws and regulations around pooled investment vehicles and the Investment Company Act. Finally, it addresses crowdfunding rules under the JOBS Act, general solicitation exemptions, and broker-dealer registration requirements.
The Tennessee Department of Commerce and Insurance is adopting new unfair claims settlement practice rules to provide minimum standards for claim investigations and dispositions. The new rules add definitions, require prompt acknowledgment and responses to claims, and establish timelines for claim activities. They also outline standards for fair property, auto, and life insurance claim settlements. The new rules are based on National Association of Insurance Commissioners models and were supported by the insurance industry.
Public Contract Regulations 2015 scope to negotiate?
Craig Elder
Austerity and planning enforcement – can it work?
Jessica Aldridge
Court of Appeal backs affordable homes exemptions
Ben Standing
Finally: European Dynamics win with damages
Anja Beriro
Do all of your companies now have a PSC register?
Emma Grant
The right to privacy and disciplinary investigations
Sarah Hooton
What would Brexit mean for procurement law?
Angelica Hymers
Relief from sanctions: a practical approach
Katie Scott
ASC 606, Revenue From Contracts with Customers Health Care: What to ExpectCitrin Cooperman
The document discusses the new revenue recognition standard ASC 606 and its implications for healthcare entities. It covers the core principle of recognizing revenue as performance obligations are satisfied, the five step model for applying the standard, and examples of identifying performance obligations for common healthcare services like physical exams and skilled nursing facility care. Healthcare providers will need to exercise judgment to determine how the standard applies to their various contracts with patients and third party payors.
A wide range of articles featured in this month’s newsletter.
• Stephen looks at procurement – variations to existing agreements
• Ros has provided a case law update on no recourse families
• Emma discusses the new Public Contracts Regulations 2015
• Megan reviews the Data Protection Act 1998
• Sarah looks at access to justice, and
• Angela looks at the subject of devolution and the evolution of combined authorities.
Cartels in public procurement procedures the means of proof_ENG.pptssusere15195
This document discusses cartels in public procurement procedures and means of proof under competition law. It provides an overview of the legal framework, defines bid rigging and other anticompetitive practices, outlines forms of liability and consequences. It examines specific elements in bid rigging cases like market definition and competitors. Warning signs of potential bid rigging schemes are listed. The document also discusses joint tendering and means of proofs in these cases.
This document provides an explanation of the paragraphs found in a standard 1-4 family residential contract and various addendums. It breaks down each paragraph and section, providing details on what each covers such as the parties involved, property details, sales price, earnest money, title policy, property condition, repairs, closing details, possession and more. It also includes explanations of related terms and documents like the title commitment. The document appears to be serving as a training or educational guide for real estate professionals to better understand the elements and legal language found in a standard residential sales contract.
The document discusses contractors' claims for loss and expense in building contracts. It addresses three key points:
1) A contractor is not automatically entitled to recovery of loss and expense just because an extension of time was granted. The entitlements to extensions of time and loss/expense are separate.
2) For a contractor to claim loss and expense, the grounds must be one of the specific causes listed in the contract that materially affected regular work progress. Claims must follow the procedures in the contract by providing written notices and applications with evidence.
3) There are three main types of claims: contractual, extra-contractual, and exgratia. Six common reasons for claims include issues like late instructions, variations
Fischetti Law Group is here to provide you with the legal guidance and resources needed for a variety of practice areas, no matter what happened. Our experienced professionals are qualified in a range of services, from car accidents to nursing home abuse, personal injury protection payouts, and homeowners insurance claims. Rest assured that your case will be handled by an expert. Take advantage of our broad list of services today!
Our attorneys primarily litigate cases related to homeowner’s insurance claims, personal injury protection (PIP), insurance claims, and bodily injury and/or harm caused by negligence. This includes car accidents, nursing home abuse, and slip-and-fall accidents. If you’re not sure if we can help you with your case, contact us today to find out more information. We’re available every Monday through Friday from 8:30 am to 6:00 pm. We can also schedule a time to meet with you on the weekends if that’s preferred.
Our present locations include Fort Pierce Attorney Office (satellite offices) and Boynton Beach Florida Attorney Office (central hub and primary office location). However, we’ve taken cases throughout the entire state of Florida.
This presentation by Gwen Grecia-De Vera (Director, Competition Law and Policy Program, University of the Philippines) was made during a discussion on Remedies and commitments in abuse cases at the 21st meeting of the OECD Global Forum on Competition on 2 December 2022. More papers and presentations on the topic can be found out at https://oe.cd/rcac.
This presentation was uploaded with the author’s consent.
This document provides a response from a firm of solicitors specializing in financial services law to the FCA's consultation on extending access to the Financial Ombudsman Service for small and medium-sized enterprises (SMEs). The firm welcomes the proposals to include SMEs as eligible complainants. They also provide three additional proposals: 1) Removing the Financial Ombudsman Service award limit entirely; 2) Setting the limit at no less than £250,000; and 3) Requiring the Financial Ombudsman Service to make legally-binding decisions that can be appealed to the High Court, similar to the Pensions Ombudsman.
OLA was accused of abusing its dominant position and entering into anti-competitive agreements in the Delhi-NCR radio taxi market. Mega Cabs alleged that OLA used predatory pricing, discounts, and incentives to eliminate competition. However, the CCI ruled in favor of OLA, finding that OLA did not abuse its dominant position or enter into anti-competitive agreements in violation of the Competition Act.
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Employment law update - Browne Jacobson Exeter - 06 February 2020Browne Jacobson LLP
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR Managers and HR Directors.
At these events we will present an overview of what we consider to be the most significant developments in 2019, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2020, and how you can get ready for what will be another busy year in employment law.
This document discusses school exclusions and provides guidance on the topic. It begins with an overview of the exclusions landscape and key documents related to exclusions. It then outlines prospective changes being made to exclusions policy, including recommendations from the Timpson Review. The exclusions process is explained as a multi-stage process involving the head teacher's decision, governing board review, and potential independent review panel. Finally, tips are provided to avoid common pitfalls in the exclusions process related to issues like SEND, documentation, and timelines.
Procurement workshop training slides - Birmingham sessionBrowne Jacobson LLP
Managing procurement risks and challenges aims to increase understanding of procurement processes and risks, and knowledge of risk mitigation strategies. The document outlines several procurement stages and associated risks, including pre-market engagement, selection, tendering, contract award, and modifications. Key risks include challenges from bidders, non-compliance with regulations, undisclosed evaluation criteria, and substantial contract changes. Mitigation strategies include transparency, equal treatment of bidders, thorough documentation, and compliance with regulations.
Local authority acquisition and disposal of land - July 2019Browne Jacobson LLP
Ongoing austerity requires authorities to “sweat their assets” and land holdings are a significant focus for the generation of revenue and capital. These slides cover commercial and public law considerations in relation to:
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Your employees, their future employers, and your intellectual property - July...Browne Jacobson LLP
Innovation and creativity is driven by your people. How do you as a business encourage innovation, capture the relevant IP assets and reward your innovators? What happens when a key individual leaves the business – how do you ensure that your R&D crown jewels remain legitimately protected? In a market of ever increasing competitive collaboration, setting up the right strategy to ensure the appropriate safeguards are in place and are communicated to your employees is important.
At this Public Sector Planning Club we reviewed:
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Browne Jacobson, Deloitte and DoctorLink are pleased to invite you to our first joint health tech seminar with leading industry thought leaders. This will be a practical session, sharing experience from across the NHS and beyond to inform options on how to improve services, break down silos and focus on population health outcomes.
This event is exclusively for Commissioners, GPs, and Policymakers keen to understand how new integrated care systems and models of care can meet the needs of their local population and can be implemented pragmatically and affordably to drive improvement goals and achieve better health, better care and better value.
Education Law Conference Manchester - Monday 10 June 2019Browne Jacobson LLP
1. Implement a clear, well-publicized complaints procedure that outlines appropriate steps and timelines.
2. Address social media issues promptly by controlling the narrative and responding diplomatically or ignoring depending on the circumstances.
3. Understand when the law can help, such as the Protection from Harassment Act for addressing vexatious complaints.
4. Escalate complaints appropriately and clarify the desired outcome to resolve issues efficiently. Stand back when complaints are really about private disputes rather than the school.
Designed to inform, challenge and enliven your perspectives, our packed agenda was designed to provide innovative ideas and fresh perspectives. With a headline session on the management of transgender children needs within a school setting, we aim to provide you with the advice and guidance that the sector currently lacks.
Other topics included:
learning from child death inquests
good governance – so much more than compliance
managing difficult parents and their complaints.
The IICSA has a number of investigative streams, and one of its areas of focus is Accountability and Reparations. It has already recommended that the Government sets up a Payment Scheme for former Child Migrants, and the Government has acted upon it.
Is a redress scheme the way forward for abuse claims? How might it impact your organisation? We are helping more and more organisations explore the pros and cons of redress schemes so that they can decide whether a scheme is right for them and what the longer term impacts might be.
Our Birmingham Claims Club event will cover the following:
- Civil Liability Act 2018
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Our Admin and Public Law seminar, chaired by Sir Robert Devereux, former Permanent Secretary for the Department for Work and Pensions was held on Thursday 4 April, covering the following topics:
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Every business, and every in house lawyer, will at some point be involved with an enquiry, an investigation, or potential litigation. During litigation, documents – including emails, attendance notes and reports – which are relevant to the litigation may have to be disclosed if they are not privileged.
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- claims being brought directly against them as fostering agencies
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In this practical session we explored the legal duties of directors and the difficulties which they may face. The session focussed on individuals who are directors for public sector companies, including their role, obligations and competing interests which may arise.
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Mental health, capacity and deprivation of liberty case law update, February ...Browne Jacobson LLP
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Receivership and liquidation Accounts
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सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
3. Sham job applicants not covered
by discrimination law
Quotes from a recent application to one of our clients:
“The reasonable adjustments include the arrangement of safe travel provision as well
as overnight hotel rest before interview. And paid carer provision, taxis and meals.
This is to allow me the same opportunity to attend interview as all other able bodied
candidates.
If I am invited to interview and you make it impossible for me to attend that interview
as all other candidates will have the opportinuty to do, then I will seek to sue for
discrimination through Employment Tribrunral as is my legal right (sic). ”
4. Sham job applicants not covered
by discrimination law
Kratzer v R + V Allgemeine Versicherung AG C-423/15
• If an individual applies for a job only in order to
seek compensation for discrimination and not to
obtain employment, they will not be covered by
the protection of discrimination law.
5. Modern Slavery Statement
Reminder s54 of the Modern Slavery Act applies to a
commercial organisation which:
• Supplies goods or services
• Has a total turnover of £36m a year or more
(globally)
Statements are due at the end of September for
organisations whose financial year end was 31
March 2016.
6. Modern Slavery Statement
• The organisation will have to make a ‘slavery and
human trafficking statement’ stating the steps it
has taken during that financial year to ensure that
slavery and human trafficking is not taking place
in:
– Any part of its own business
– Any of its supply chains.
(Or issue a statement that it has taken no such steps)
7. Modern Slavery Statement
• The statement must be published on the
organisation’s website with a prominent link to the
statement on its homepage
• In the case of a company, the statement must be
approved by the board of directors and signed by a
director.
8. Gender Pay Gap Reporting
• The Regulations have been delayed – now expected
in April 2017
• In that case, the first “relevant date” under the
Regulations will remain at 30 April 2017, meaning
first gender pay gap reports due by the end of April
2018
9. Gender Pay Gap Reporting
Why do you need to think about it now?
• Although you don’t need to report until April 2018,
that is for data from April 2017.
• If the data reveals an issue, you will need to time
to address that before it is included in the data
that will need to be published
10. Gender Pay Gap Reporting
“UK women still far adrift on salary and promotion
as gender pay gap remains a gulf”
The Guardian, 23 August 2016
“Gender Pay Gap Hits Women With Children Hardest”
Sky News, 22 August 2016
“Mothers’ pay lags far behind men”
BBC News, 22 August 2016
“The Gender Pay Gap means that more women will be
in poverty later in life”
The Independent, 26 August 2016
11. Brexit and Employment Law
• In reality – little change in the short term
• Possibly changes to working time regulations,
collective consultation, agency worker regulations,
TUPE
12. Brexit and Employment Law
But what about now?
• Consider make-up of workforce
• Permanent Residence/Citizenship
• Apply for sponsor licence?
• No discrimination against EEA nationals in
recruitment
15. Hot topic
Offers of settlement have been a “hot topic” in the Courts over the last 12 months.
Following the April 2015 changes to both the Pre-Action Protocols and the provisions of
CPR Part 36 we have seen a number of the Court’s decisions focusing on this aspect of
the litigation process.
In this session I intend to:
• review the changes to the Pre-Action Protocol;
• review the changes to Part 36; and
• look at the recent case law and practical implications of the Court’s decisions.
16. Pre-Action Protocols
“If proceedings are issued, the parties may be required by the Court to provide
evidence that ADR has been considered. A party’s silence in response to an
invitation to participate or a refusal to participate in ADR might be considered
unreasonable by the Court and could lead to the Court ordering a party to pay
additional Court costs.”
“The Court may decide that there has been a failure of compliance when a party
has unreasonably refused to use a form of ADR, or failed to respond at all to an
invitation to do so.”
Pre-Action Protocol Practice Direction, April 2015
17. Pre-Action Protocols
Consequences of non-compliance
These include:-
• an order that the party at fault pays the costs of the proceedings, or part of the costs of
the other party or parties
• an order that the party at fault pay those costs on an indemnity basis
• if the party at fault is a claimant who has been awarded a sum of money, an order
depriving that party of interest on that sum for a specified period, and/or awarding
interest at a lower rate than would otherwise have been awarded
• if the party at fault is a defendant, and the claimant has been awarded a sum of money,
an order awarding interest on that sum for a specified period at a higher rate, (not
exceeding 10% above base rate), than the rate which would otherwise have been awarded
18. Form of Settlement Offers
Offers of settlement can take various forms
Open offer – an offer which is not subject of the privilege of
the without prejudice rule
Calderbank offers - an offer which can not be referred to the Court during
the course of litigation but can be in respect of costs
Without Prejudice offer – an offer which can not be referred to the Court during
the course of litigation or on the question of costs
Part 36 Offers - will be treated as an offer made without prejudice
save as to costs but will have the consequences
specified in CPR 36.13, CPR 36.14, and CPR 36.17
19. Use of Part 36 Offers
An important tactical step in the course of litigation
Provides a means of putting pressure on the other side
Protects, to some extent, a party’s position on costs
For claimants, can lead to enhanced recovery on interest and costs
20. Requirements for a Part36 Offer
CPR 36.5 - every offer made after 1 April 2015 must:
Be made in writing
Make it clear that it is made pursuant to CPR Part 36
Specify the relevant period
State the scope and/or extent of the offer
State whether it takes into consideration the settlement of any counterclaim
21. The Relevant Period
The “relevant period” means:
Where an offer is made not less than 21 days before trial, either:
the period specified in the Part 36 offer of not less than 21 days,
within which the defendant will be liable for the claimant’s costs
in accordance with CPR 36.13 or CPR 36.20 if the offer is accepted;
or
any longer period as the parties agree
Otherwise, the period until the end of such trial.
22. Changes to CPR Part 36
Time limited offers
CPR Part 36.9(4)(b) now provides that the offeror can serve advance notice
to withdraw its offer (or amend it on less favourable terms).
This introduces the possibility of more strategic offers to exert pressure on
the offeree.
23. Changes to CPR Part 36
Formalities
CPR Part 36.5(1) now states that a party only has to make it clear that its
offer is “made pursuant to Part 36”.
This is as opposed to the previous regime which required an offer to state on
its face that it was intended to have the consequences of Section 1 of Part
36.
24. Changes to CPR Part 36
Improving offers
CPR Part 36.9(5)(a) confirms that an improved offer shall be treated not as
the withdrawal of the original offer but as making of a new Part 36 offer on
improved terms.
This removes any previous confusion as to whether there can be multiple
offers on the table at the same time.
25. Changes to Part 36
Split trials
CPR Part 36.16 now states that after the hearing of preliminary issue, the
terms of any Part 36 offer (relating only to the concluded issues) may be
revealed to the Court.
Accordingly, parties may wish to consider sub-diving their settlement offers
so that certain terms can be disclosed at an earlier stage if appropriate.
26. Changes to CPR Part 36
Cynical offers
Historically the Courts have experienced some difficulty dealing with
‘cynical’ offers.
CPR Part 36.17(4)(b) now addresses such offers as it allows the Court to
take into account whether an offer was a genuine attempt to settle the
proceedings, when considering whether the automatic consequences of Part
36 should apply.
27. Changes to CPR Part 36
Costs budgets
The general rule is that where a party has failed to file a costs budget in
time, it is treated as having filed a budget limited to Court fees.
CPR Part 36.23 now provides that in these circumstances, a party’s
recoverable costs shall be limited 50% of the costs otherwise recoverable
(not limited to Court fees).
28. Changes to CPR Part 36
Pre-issue offers
CPR Part 36.7 provides that an offer can be made at any time, including
before the commencement of proceedings
CPR Part 36.13 confirms that the claimant’s automatic entitlement to
reasonably incurred costs includes their recoverable pre-action costs
This amendment will hopefully encourage more early offers being made,
particularly given the recent substantial increase in issue fees for money
claims
29. Recent Case Law
Jockey Club Racecourse Ltd v Willmott Dixon
Construction Ltd [2016] EWHC 167 (TCC)
Offers as high as 95% of the claim value can still be viewed as a “genuine
attempt at settlement”
Each case will turn on its own facts
30. Recent Case Law
Sugar Hut Group Ltd & Oths v A J Insurance [2016]
EWCA Civ 46
There is no “near miss” rule
It does not matter by how much a claimant beats a Part 36 offer
The rules now expressly provides that an offer will be beaten if the Court’s
award is better in money terms by any amount, no matter how small
31. Recent Case Law
Hertel v Saunders [2015] EWHC 2848 (Ch)
Offer to settle was not a valid Part 36 offer as it only related to a claim put
forward in daft amended particulars of claim
Failed to comply with mandatory requirement under Part 36 to “state
whether it relates to the whole if the claim or to part of it or to an issue that
arises in it and if so which part or issue” CPR 36.5(1)(d)
32. Recent Case Law
Patience v Tanner [2016] EWCA Civ 158 and
Burrell v Clifford [2016] EWHC 578 (Ch)
Two cases where the Court refused to treat offers which fell outside the Part
36 regime as favourable as a Part 36 offer
Patience v Tanner – the defendant’s offer was not a Part 36 offer as it
did not offer to pay the claimant’s costs if accepted with the relevant period
Burrell v Clifford – offer fell outside the Part 36 regime because the amount
offered in respect of costs was fixed at a specified sum
33. Practical Implications
The key points to take from this
Courts will expect parties to have engaged in ADR and/or settlement
discussions pre-issue and there will be consequences for failing to do so
Settlement offers can take various forms but the form of the offer made
impacts on the manner in which the offer is treated and the level of
“protection” it provides the offeree
Changes to the provisions of Part 36 means that an early Part 36 offer is a
very useful pre-action settlement tool
34. Practical Implications
If you are making a Part 36 offer you must ensure that it is in the correct
form and meets all of the requirements of Part 36.5
Offer which do not meet all aspects of the strict requirements of Part 36.5
will fall outside of the Part 36 regime
Any offer made must be a genuine attempt to settle the dispute and this will
turn on the facts of each specific case
There is no “near miss” rule. The amount by which an offer is beaten is not
relevant
37. Areas to look at
• Brexit + contracts
• Digital Single Market Initiative/ Digital Signatures
• Case Law
38. Quick advert…
In house lawyer “checker” Product
- Free second opinion/expert view/check a point
– Approx 20 minutes on the telephone
- Equivalent to seeing a specialist at their desk
- Exclusively for in-house lawyers
Terms and conditions apply ☺
39. Brexit – effect on contracts?
Questions:
• Is it affected at all? (Term)
• European* Territory?
• Law/ Jurisdiction/ Enforceability?
– Rome (Law)
– Brussels (Jurisdiction/ Enforceability)
40. Brexit – effect on contracts?
Law:
Conflict of law rules pre-Rome (& UK common law)
Jurisdiction and enforceability:
– Lugano convention/ Hague convention on Choice of
Court Agreements
- New York Convention on Arbitral Awards
41. Brexit – effect on contracts?
• Unlikely FM or Frustration
• “Change of law” / “Material adverse change”
provisions
• Consider changes relating to specific areas of law
(e.g. data protection – hosting arrangements)
42. Brexit – effect?
Speculation:
- Tariffs/ restrictions/ licensing?
- Financial Services passporting?
- Exchange rate volatility - further drop in sterling?
- EU based law – insolvency, data protection,
House of Commons Briefing Paper 26 August 2016
43. So What?
For Long term contracts
- Stated law and jurisdiction?
- Reference to EU/Europe?
- Change likely given the subject matter/sector?
(See the HC report)
- Include mechanism for unforeseen consequences
- Use the time to prepare
45. Digital Single Market
“One Territory – One Market” online
Multiple regulations and initiatives including:
- Cybersecurity Directive (2016)
- GDPR (2016)
- Geo-blocking: Regulation 2017
- Cross border parcel delivery regulation
- Consumer Protection Co-operation protection
46. So what?
- Over next couple of years – EU regulation to
standardise digital economy
- Will affect businesses selling into EU
- Unclear what measures UK will adopt
47. Case law
Two cases on “no variations”:
Globe Motors v RW Lucas CA 2016
MWB v Rock Advertising CA 2016
48. So what?
Bluff factor – Know when you’re bluffing!
Similarly:
- Binding “only when signed” (Revielle v Anotech
2016)
- “No Waiver” - (if affirmed) Tele2 International
Card Co SA & others v Post Office Ltd - 2009
49. So what?
Future is uncertain
Some things predictable
- Changes in long term contracts
- EU regulation – towards single market
- Contracts will be varied
- Some clauses have “bluff” value only
- Lawyers relentlessly market their products
53. Brexit and Data Protection
• General Data Protection Regulation (GDPR)
• Network Information Security (NIS)
• ePrivacy Directive update
• Cybersecurity and Brexit
• Are we adequate?
54. EU-US Privacy Shield
• Background
• Principles
• Structure of Privacy Shield
• What to ask your provider
• Practical steps for Providers
• Enforcement
55. Cyber Security
• ICO Report 2015
• Ashley Madison Report
• Insurance and insurers
• Recent hacking
56. Recent Cases
• Bangura v Loughborough University
• Camera di Commercio, Industria, Artigianato e
Agricoltura di Lecce v Mnni
• Weltimmo
• Verein für Konsumenteninformation v Amazon EU
Sàrl
• Vidal-Hall update
59. The agenda
• Software and the Commercial Agency Regulations
• Website blocking orders
• Cloud computing
• Regulation of drones
• Cyber Security Directive
60. Software and the Commercial Agency
Regs
The Software Incubator Ltd v Computer Associates Limited
[2016]
Held: Software falls within the definition of “goods”
• Dispensed with distinction tangible / intangible
• Commission based arrangements require review
• But what about subscription fee basis or cloud hosted –
more a service?
61. Website blocking orders
• 6 July 2016 Cartier International AG v British Sky
Broadcasting – follows Cartier I
• CoA dismissed appeals against orders requiring ISPs
to block access to sites that infringe TMs
• Extension from copyright to trade marks - Article
11 – IP Enforcement Directive
62. Alternative measures?
• Proceedings against operator of target websites
• Notice and takedown against website host
• Payment processors suspend merchant accounts
• Search engines to de-index
• Domain name seizures
• Customs seizures
63. Cloud computing
FCA Guidance – what does it say?
• What is it?
• What are its characteristics?
• What types of services are there? SaaS, IaaS, PaaS
• Who provides it and how?
64. Key issues
• Control over service and data security
• Data residency - processing in multiple locations
• Data integrity and recoverability
• Regulatory compliance and auditing
65. Mitigation strategies
• Due diligence – entire supply chain, services in
different jurisdictions
• Review proposed terms of use, privacy policy,
acceptable usage policy, SLA
• Getting the contract right – controls on data
processing, audit rights, information sharing,
change management, access to premises, remedies
for breaches
• Update policies and documentation
66. Contract issues to look out for
• Liability – loss of data/ service outage, DP, privacy and
confidentiality
• IPR – ownership of developed / adapted materials
• Hidden charges – user thresholds, storage limits, set-up
fees, security/back-up, upgrades / premium fees
• Termination – minimum periods, short notice periods
• Governing law and jurisdiction -arbitration
• Lock-in/exit – grace period for data recovery
• Slalom paper
67. Drones
• Facebook’s Aquila drone
• Amazon testing for drone delivery service
• HMP Pentonville drugs and mobile phones
• Civil Aviation Authority regulation
• Geofencing
• Breach of privacy, trespass, nuisance, harassment
• Registration?
68. Some good advice
• consent by notices, signs, media, publicity
• operate only with sensor equipment necessary for
purposes intended and only record data to achieve
purposes intended
• robust security and access controls
• mechanism to auto blur unintended face capture
• software to delete personal data once task
completed
69. Cybersecurity Directive
Cybersecurity Directive – published 19 July 2016
• To be implemented 10 May 2018
• Transitional measures from 9 February 2017
“An Open, Safe and Secure Cyberspace”
Priorities:
cyber resilience reducing cyber crime
cyber defence policy development of resources
coherent international policy
70. Cybersecurity Directive
Obligations to regulate:
• operators of “essential services”
• digital service providers - online marketplaces,
cloud computing services, search engines
Essential – energy, transport, banking, financial
market infrastructure, health, water, digital
infrastructure
74. What’s new
• Brexit + Patents/Trade Marks/Designs/Copyright
• The new Trade Mark regime
• Case law - your trade mark - use it or lose it: but
how much and where?
75. Our Brexit resources hub…
• Take a look - “what you need to know” about Brexit
www.brownejacobson.com/trainingandresources/resources/brexit
• Search for “Brexit resources”
• Much of UK IPR legislation derives from the EU –
without the CJEU, increasing divergence is likely
76. Brexit – Patents
• The change is: “nothing is going to change”
• The UPC will probably still happen (although
delayed beyond 2017) but the EU Unitary Patent
will not cover the UK (at least post Brexit)
• The EU Unitary Patent will cover the participating
EU Member States (all except Croatia & Spain)
• So for protection in the UK – no change - the UK
national patent and EP (UK) patent regime (not an
EU creature) will continue “as is”
77. Brexit – EU Unitary IPR
There will be significant changes/but what?
• EU Trade Marks (formerly Community Trade Marks)
– New Treaty (EU+) - nothing changes (wishful)
– Automatic free UK TM - all or pre-existing - (BO EU TM
GOF UK TM) (possible)
– Elected UK TM add on - free or fee/with or without
examination (likely)
• Community Registered Designs
– As for first 2 above
78. Brexit – other EU IPR
• Community Unregistered Designs (CUD)(3 years)
– Different creature to UK Unregistered Designs
– An IPR loss for those entitled prior to Brexit?
– No CUD unless & until “disclosed” in the EU
– But prior designs disclosed world-wide (e.g. post
Brexit UK) can impact novelty/individual character
79. Brexit – other EU IPR initiatives
• Trade Secrets Directive – came into force on 5 July
2016
– EU Member States must implement the Directive by
mid 2018
– Will we bother?
• Copyright reforms (new leaked draft Directive)
– New compulsory exceptions & rights
– Impact unlikely
80. So What?
• Key brands - where you only have an EU TM and
you want to avoid any uncertainty, apply for a UK
TM now (dual filing has always had benefits)
• Consider filing a UK RD design as well as/instead of
a CRD, particularly approaching Brexit (12-month
grace period)
• Use the time to audit your IPR - what IPR is really
core to your business?
– so as to act fast and cost effectively when needed
81. New Trade Mark Regime
• EU member states have until 14 January 2019 to
implement the changes made by the EU Trade
Marks Directive (harmonises national trade mark
law)
– Will we bother?
• However most of the amendments to the EU Trade
Marks Regulation (governs EU TMs) came into force
in March 2016
82. New EU Trade Marks Rules
• Whether or not EU TMs cover post Brexit UK, still
good value for many businesses (covers all the 27
remaining EU Member States)
• Changes implemented this year are
– new fee structure (1-2 classes cheaper/multi-class -
more expensive)
– no need now to represent EU TMs “graphically”
– grounds of refusal/invalidity which related only to
“the shape of goods” now extend to other
“characteristics” of goods
83. New EU Trade Marks Rules
• Changes re enforcement
– Use of a trade mark as a company name may now
infringe and the “own name” defence is now limited
to individuals
– Non-use now a defence as well as a grounds for
revocation (burden on claimant to prove use in
relevant 5 year period)
84. So what?
• Review your portfolio – there are now additional
challenges for non-standard marks
• Enforcement or defence strategies need to take
into account the changes re company and business
names
85. EU Trade marks & 5 years non-use
Use it or lose it, but how much and where?
Recent cases:
• Just UK (or France or Germany etc.) unlikely to be
enough anymore
• Need an adequate scale/volume of use too
• Does your evidence of use paint a convincing
picture that you have a market or are creating a
market “in the EU”?
• UK national marks – scale of use now matters too
86. EU Trade marks & 5 years non-use
Sofaworkshop Limited v Sofaworks Limited (IPEC)
• “implied default requirement that use beyond one
Member State is a necessary ingredient of genuine
use in the Community as a whole”
• Owner of EU TM for “Sofaworkshop” made
“extensive” use of it in the UK but 1 sale only
elsewhere in the EU (in Denmark)
• Not “genuine use” in the EU = EU TM revoked
87. EU Trade marks & 5 years non-use
Jumpman (Appointed Person – UK IPO)
• Turkish company (with EU TM for JUMP) opposed
Nike’s attempt to convert its application for a EU
TM for JUMPMAN to a UK TM
• In relevant period 55,000 pairs of JUMP branded
footwear sold (value $476,000 approx.) to a single
Bulgarian company
• Sold on to end users/170 sold on a Romanian Co.
• “Real commercial” use (not sham or token)
• Not genuine use in the EU – opposition failed
88. So what?
• You should review your trade mark portfolio to
identify your mature marks (5 years +)
• Consider whether they are still being used at all
– don’t pay “money for nothing”
– but consider whether you would object to others
using them (nostalgia brands) & deterrent effect
• Consider how those you want to keep renewing
would withstand a non-use challenge
• Consider new (layered) filings – worth the cost?
Hard to avoid talking about it
- Very likely still in the EU for the next couple of years – once Article 50 triggered UK starts process that ends in 2 years or less with UK outside the EU
Hard to avoid talking about it
- Very likely still in the EU for the next couple of years – once Article 50 tri
Hard to avoid talking about it
- Very likely still in the EU for the next couple of years – once Article 50 tri
The new regulations refers to
“Qualified digital signatures” – which can not be discriminated against. If accepted in one MS, must be accepted in all of the others
Other digital signatures (i.e. simple ones) cannot be discriminated against across borders – and must be available as evidence in court .
Service providers (e.g. Docusign) can choose to become accredited by a Supervisory body in a MS. This is at a national level.
So, given the UK has voted to leave the EU, should we still care what happens to European privacy law over the next few years? Clearly, the answer is yes.
First, Brexit is only relevant, to any degree, to businesses whose European operations are headquartered in the UK, or who use data processing equipment located in the UK. For those with offices or equipment in other EU member states, European privacy law should go on largely uninterrupted, including with reforms as scheduled.
Second, it's unlikely that there will be any substantial change in UK data protection law in the foreseeable future. Brexit has a two-year runway so the English Data Protection Act 1998 and privacy directives from Brussels will remain the law of the land in the short-to-medium term.
Even in the long-term, post-Brexit it seems doubtful that the UK would choose a substantially different path from the rest of Europe. Significant commercial and trading hurdles could emerge if the European Commission found reason to declare UK privacy law 'inadequate', and compliance costs for UK businesses would dramatically increase. The more logical view is that the UK would, in the same way Switzerland has done, maintain a set of privacy laws that it knows to be consistent and harmonised with EU standards, minimising the disruption for UK businesses with customers and trading partners elsewhere in Europe.
However, the timeframe for Brexit means that UK businesses, and overseas companies who need to comply with UK data privacy law (ie. S.5 DPA: (a) the data controller is established in the United Kingdom and the data are processed in the context of that establishment, or
(b)the data controller is established neither in the United Kingdom nor in any other EEA State but uses equipment in the United Kingdom for processing the data otherwise than for the purposes of transit through the United Kingdom), will need to adopt practices compliant with the new GDPR when it is implemented in May 2018. So even as the UK is walking towards the exit, businesses will have to keep up with privacy law reform when the GDPR comes into force, and then re-adjust to whatever post-Brexit privacy regime replaces it.
The upshot is that it should largely be business as usual for overseas businesses in terms of the need for them to comply with European data protection laws. While the demise of Safe Harbour, its replacement with the Privacy Shield, the new GDPR and Brexit amount to a generation of reform and upheaval in the space of less than a year, it remains as important as ever for privacy compliance to remain near the top of the agenda for all businesses operating in Europe.
GDPR and Brexit
Safe Harbor allowed US companies to self-certify a commitment to protect personal data in accordance with standards which were accepted to meet European requirements. The European Commission's 'Safe Harbor Decision' confirmed that transfers to such companies were deemed 'adequately protected'. Over 4000 US companies have signed up to the regime.
The CJEU decision in Maximillian Schrems v Data Protection Commissioner (C-362/14) invalidated the Safe Harbor Decision with immediate effect. From 6 October 2015, the Safe Harbor regime therefore ceased to provide a valid legal basis for EEA-US transfers of all types of personal data.
On Tuesday 2 February, less than 24 hours after a tentative update to the European Parliament's LIBE committee, the European Commission announced that a political agreement had been reached on the replacement for Safe Harbor.
The Article 29 Working Party responded to the Commission proposal, titled the "EU-US Privacy Shield", in a live press conference on Wednesday 3 February. In this conference, Working Party Chair Isabelle Falque-Pierrotin confirmed that regulators would continue to permit transfers to the US based on Standard Contractual Clauses (SCCs) and Binding Corporate Rules (BCRs) but warned that transfers still reliant on Safe Harbor were now illegal. In April the WP concluded that the Shield did not meet European Standards (areas of concern: no data retention principle, position on massive and indiscriminate collection of data for national security purposes is unclear, the legal remedies are insufficient – in particular the independence and powers of the Ombudsman are unclear).
Privacy Shield: what is it?
Going live on 1st August, the Privacy Shield guarantees that everyone in the EU has a number of rights when their data is processed, such as the right to ask a company for further information about the data they hold about them, or to amend their records if the data are outdated or inaccurate. Also they will benefit from several accessible and affordable dispute resolution mechanisms. Ideally, the complaint will be resolved by the company itself; or free of charge Alternative Dispute resolution (ADR) solutions will be offered. Individualscan also go to their national Data Protection Authorities, who will work with the U.S. Department of Commerce and Federal Trade Commission to ensure that complaints by EU citizens are investigated and resolved.
Still self certified
Hard to avoid talking about it
- Very likely still in the EU for the next couple of years – once Article 50 tri
Hard to avoid talking about it
- Very likely still in the EU for the next couple of years – once Article 50 tri
The new regulations refers to
“Qualified digital signatures” – which can not be discriminated against. If accepted in one MS, must be accepted in all of the others
Other digital signatures (i.e. simple ones) cannot be discriminated against across borders – and must be available as evidence in court .
Service providers (e.g. Docusign) can choose to become accredited by a Supervisory body in a MS. This is at a national level.
The new regulations refers to
“Qualified digital signatures” – which can not be discriminated against. If accepted in one MS, must be accepted in all of the others
Other digital signatures (i.e. simple ones) cannot be discriminated against across borders – and must be available as evidence in court .
Service providers (e.g. Docusign) can choose to become accredited by a Supervisory body in a MS. This is at a national level.
Cybersecurity Directive – published in July – provides for a higher standard of cyber security for certain providers of essential serivces – e.g. transport, health, finance +digital service providers (including Cloud)
Each MS to designate an authority responsible for dealing with Cyber threats
EU Digital Single Market Initiative – designed to make e-commerce across Europe easier by
Updating the E-Commerce Directive
Prevent Geo-blocking (where websites prevent access from other countries)
To simplify VAT treatment – proposal planned autumn 2016
Cybersecurity Directive – published in July – provides for a higher standard of cyber security for certain providers of essential services – e.g. transport, health, finance +digital service providers (including Cloud)
Each MS to designate an authority responsible for dealing with Cyber threats
EU Digital Single Market Initiative – designed to make e-commerce across Europe easier by
Updating the E-Commerce Directive
Prevent Geo-blocking (where websites prevent access from other countries)
To simplify VAT treatment – proposal planned autumn 2016
Cybersecurity Directive – published in July – provides for a higher standard of cyber security for certain providers of essential serivces – e.g. transport, health, finance +digital service providers (including Cloud)
Each MS to designate an authority responsible for dealing with Cyber threats
EU Digital Single Market Initiative – designed to make e-commerce across Europe easier by
Updating the E-Commerce Directive
Prevent Geo-blocking (where websites prevent access from other countries)
To simplify VAT treatment – proposal planned autumn 2016