The arbitration landscape is ever-changing, with new legislation being promulgated, cases coming up, and ideas being tested. In part three of this series, Partner Terence Wong explored the latest developments regarding arbitration in Hong Kong and Mainland China, including a case handed down by the Court of Final Appeal, and a decision of the Indian Court dealing with the split of the China International Economic and Trade Arbitration Commission (CIETAC), which may have an impact on the enforcement of CIETAC arbitral awards in other jurisdictions.
Contact Winston & Strawn for more information about this presentation: https://www.winston.com/en/thought-leadership/latest-developments-regarding-arbitration-in-hong-kong-and-mainland-china.html
Whether regulatory authorities should make submissions as to the appropriate ...Russell_Kennedy
This presentation will:
- Explore implications for High Court decision in Barbaro
- Canvass consideration by federal courts and VCAT to date
- Highlight issues and implications for civil penalty proceedings
- Posit a way forward
Posted by Emma Turner, Special Counsel and Anita Courtney, Associate at Russell Kennedy Lawyers
This newsletter summarizes upcoming adjudication and arbitration conferences in Edinburgh, London, and Cape Town. It also provides details on enforcing an adjudicator's decision in Northern Ireland. The key enforcement steps include issuing a writ of summons in the Queen's Bench Division of the High Court of Justice in Northern Ireland and applying for summary judgment. Recent Northern Irish court decisions generally support the enforcement of adjudicator's decisions in line with promoting cash flow in the construction industry.
Environmental caselaw update - covering:: nuisance, costs and Aarhus, costs & nuisance claims, Article 9 of the Aarhus Convention and Costs,Communications ACCCC/2013/85 and 68 to the Aarhus Convention Compliance Committee,EIA/SEA and conservation, wild birds and habitats
Sharon Daly, head of the Commercial Litigation Insurance team at Matheson, wrote the Ireland chapter for Getting The Deal Through: Litigation Funding 2017.
The document discusses the USPTO's announcement that it will encourage the use of alternative dispute resolution (ADR) procedures like mediation and arbitration to settle post-grant proceedings at the Patent Trial and Appeal Board (PTAB). The USPTO determined it should encourage ADR at PTAB after meeting with PTAB judges in the summer of 2015. The document provides examples of PTAB rulings addressing arbitration and outlines considerations for implementing an ADR process at PTAB, including the types of cases that may benefit, confidentiality issues, timelines, and allocating costs.
The document summarizes challenges to arbitration awards with a focus on East Africa. It discusses the geographical scope covered, the legislative background in Kenya, Tanzania, Uganda and Rwanda. It also discusses approaches to finality of awards, grounds for setting aside awards such as time limits and jurisdiction. The document examines issues relating to appeals, including express limitations and implied rights of appeal. Key talking points highlighted include the "warts and all" approach to awards in Kenya and Uganda, and the wide and fluctuating definition of public policy.
Getting the deal through: Litigation Funding Ireland 2019Matheson Law Firm
Matheson's Sharon Daly, Aoife McCluskey and Valerie Sexton answer the Irish questions in the 3rd edition of Litigation Funding, explaining why third-party litigation funding is not generally permitted in Ireland, citing recent Supreme Court cases.
This document discusses arbitration and environmental protection laws in India. It provides an overview of the Arbitration and Conciliation Act of 1996, including objectives to minimize court oversight of arbitrations and enforce arbitration awards like court decrees. It outlines benefits for parties in arbitration, such as choosing arbitrators and procedures. The document also discusses appropriate and inappropriate matters for arbitration, and proposed amendments to the Act. Additionally, it covers environmental control legislation and the responsibilities and processes involved in obtaining environmental clearances for projects in India.
Whether regulatory authorities should make submissions as to the appropriate ...Russell_Kennedy
This presentation will:
- Explore implications for High Court decision in Barbaro
- Canvass consideration by federal courts and VCAT to date
- Highlight issues and implications for civil penalty proceedings
- Posit a way forward
Posted by Emma Turner, Special Counsel and Anita Courtney, Associate at Russell Kennedy Lawyers
This newsletter summarizes upcoming adjudication and arbitration conferences in Edinburgh, London, and Cape Town. It also provides details on enforcing an adjudicator's decision in Northern Ireland. The key enforcement steps include issuing a writ of summons in the Queen's Bench Division of the High Court of Justice in Northern Ireland and applying for summary judgment. Recent Northern Irish court decisions generally support the enforcement of adjudicator's decisions in line with promoting cash flow in the construction industry.
Environmental caselaw update - covering:: nuisance, costs and Aarhus, costs & nuisance claims, Article 9 of the Aarhus Convention and Costs,Communications ACCCC/2013/85 and 68 to the Aarhus Convention Compliance Committee,EIA/SEA and conservation, wild birds and habitats
Sharon Daly, head of the Commercial Litigation Insurance team at Matheson, wrote the Ireland chapter for Getting The Deal Through: Litigation Funding 2017.
The document discusses the USPTO's announcement that it will encourage the use of alternative dispute resolution (ADR) procedures like mediation and arbitration to settle post-grant proceedings at the Patent Trial and Appeal Board (PTAB). The USPTO determined it should encourage ADR at PTAB after meeting with PTAB judges in the summer of 2015. The document provides examples of PTAB rulings addressing arbitration and outlines considerations for implementing an ADR process at PTAB, including the types of cases that may benefit, confidentiality issues, timelines, and allocating costs.
The document summarizes challenges to arbitration awards with a focus on East Africa. It discusses the geographical scope covered, the legislative background in Kenya, Tanzania, Uganda and Rwanda. It also discusses approaches to finality of awards, grounds for setting aside awards such as time limits and jurisdiction. The document examines issues relating to appeals, including express limitations and implied rights of appeal. Key talking points highlighted include the "warts and all" approach to awards in Kenya and Uganda, and the wide and fluctuating definition of public policy.
Getting the deal through: Litigation Funding Ireland 2019Matheson Law Firm
Matheson's Sharon Daly, Aoife McCluskey and Valerie Sexton answer the Irish questions in the 3rd edition of Litigation Funding, explaining why third-party litigation funding is not generally permitted in Ireland, citing recent Supreme Court cases.
This document discusses arbitration and environmental protection laws in India. It provides an overview of the Arbitration and Conciliation Act of 1996, including objectives to minimize court oversight of arbitrations and enforce arbitration awards like court decrees. It outlines benefits for parties in arbitration, such as choosing arbitrators and procedures. The document also discusses appropriate and inappropriate matters for arbitration, and proposed amendments to the Act. Additionally, it covers environmental control legislation and the responsibilities and processes involved in obtaining environmental clearances for projects in India.
March 2018 newsletter for the adjudicator nominating body UK Adjudicators. Articles on UK and foreign adjudication cases, FIDIC 2017 and events taking place globally.
SABC presentation to PC Comms 27 November 2018 for Public Hearing FinalSABC News
The SIU adopted a phased approach as the investigation methodology due to the significant volume of matters to be investigated. Proclamation No R29 of 2017 has been divided into Phase 1 and Phase 2.
In the past year, recent developments in Singapore have demonstrated its intention to position itself as a leading dispute resolution centre in Asia. Singapore is already widely recognised as a centre for arbitration, and the evolution of the Singapore International Mediation Centre (SIMC) and Singapore International Commercial Court (SICC) serve to solidify its reputation, and to meet the growing demand for dispute resolution in the region. This presentation explored the complementary nature of the SIMC to arbitration through the unique Arb-Med-Arb procedure, and discussed recent importance changes made in the Singapore International Arbitration Centre (SIAC) Rules in July 2016, such as on early dismissal, consolidation and joinder, expedited procedure, and emergency arbitration.
Dinesh Dhillon has acted in international arbitration for global multinational corporations in the telecommunications, airline, hotel, commodities, construction, manufacturing and projects industries. Apart from corporates, he has also represented sovereign states in international arbitration cases. He has represented clients in landmark cases before the Singapore courts relating to jurisdiction of arbitral tribunals, challenges to arbitration awards and attempts to resist enforcement of foreign arbitration awards. He is a Fellow and Vice President of The Singapore Institute of Arbitrators and Exco member of the Law Society of Singapore.
Slides from the niceties of notices and their importance for construction claimsRobert MacDonald
This document summarizes a legal article about notices under the UK's Housing Grants, Construction and Regeneration Act 2009 and the NEC3 construction contract.
The article discusses three recent court cases that dealt with failures to serve payment or pay less notices under the 2009 Act. It also examines issues around distinguishing interim payments from final accounts. Additionally, the document outlines key points in NEC3 regarding compensation event notices and the 8-week time limit for notifying such events. The author notes that in practice, both contractors and project managers often fail to follow the notice procedures as intended by the contracts.
Fast Track Arbitration Procedure, Section 29B, Singapore International Arbitration Center (SIAC), SIAC Rules (6th Edition, 1 August 2016) ("SIAC Rules 2016”), Emergency Arbitration, Emergency Arbitrator, Fess, Hong Kong International Arbitration Center, Expedited Procedure,
15 March 2016 - Law Institute of Victoria conference presentation.Andrew Downie
Here are the slides from my presentation to the 2016 Law Institute of Victoria conference 17 March 2016. The topic is "Recent Developments in Commercial Litigation: Case Law and Court Procedure".
UK Adjudicators are an adjudicator nominating body who nominate sole adjudicators and dispute board members in the United Kingdom and internationally. The nomination service is a free service to the parties.
The June newsletter features adjudication cases from the UK, NSW, Singapore and updates from Canada and NSW on adjudication legislation.
Powerpoint for New York State Bar LectureLaina Chan
Powerpoint used in the lecture on 29 October 2014 to the New York State Bar presented at Hinshaw & Culbertson on the Enforcement of International Arbitral Awards in the Asia Pacific. An event supported by the International Subcommittees for International Arbitration, Insurance and Reinsurance as well as the Chinese American Bar Association
The document summarizes highlights from the second year of post-issuance proceedings administered by the Patent Trial and Appeal Board (PTAB). It discusses several notable cases from 2014 related to inter partes review, covered business method review, and post-grant review. Specifically, it discusses how the Federal Circuit addressed the appealability of PTAB decisions on petitions and clarified that only final written decisions can be appealed. It also summarizes trends in petitions filed and issues considered in the second year of these new proceedings introduced by the America Invents Act.
This document summarizes the litigation process from filing a complaint through appeals. It discusses the parties to a case, jurisdiction, pretrial procedures like discovery and motions, the jury selection process, burdens of proof, jury instructions, verdicts and judgments, post-trial motions, and appeals. Key points covered include subject matter and personal jurisdiction, class action requirements, challenges to pleadings, types of evidence and proof standards, motions that can be made during and after trial, and the roles of verdicts and judgments.
SABC presentation to Scopa 6 November 2018 for public hearingSABC News
The SIU presented on the progress of its investigations into corruption at the SABC as mandated by Proclamations R29 of 2017 and R19 of 2018. In Phase 1, the SIU found irregularities in several contracts awarded by the SABC and evidence against certain executives. This resulted in civil litigation worth over R166 million, 4 criminal referrals, and 23 disciplinary referrals against SABC officials. For Phase 2, the SIU's investigation into additional matters is ongoing, with referrals, closure memos, and a final report due by April 2019. The presentation provided updates on several civil cases initiated and the criminal trial of Sully Motsweni.
Globally remove links of video defaming Ramdev, Delhi HC directs Facebook, Go...sabrangsabrang
This document is a court judgment from the High Court of Delhi regarding a defamation case filed by Swami Ramdev and Patanjali Ayurved Ltd. against Facebook, Google, YouTube, Twitter and others ("Platforms"). The Plaintiffs allege that defamatory content about them from a book was disseminated on the Platforms and sought an injunction. The court had earlier directed the Platforms to remove the URLs for access in India but not globally. In this judgment, the court considers arguments for and against globally blocking the URLs and content. The Plaintiffs argue for a global block, while the Platforms argue they should not be obligated to implement court orders globally. The court examines the relevant laws and precedents
Getting the Deal Through: Insurance Litigation 2019Matheson Law Firm
Litigation partners, Sharon Daly and April McClements and senior associate, Aoife McCluskey author the Ireland chapter of Getting the Deal Through 2019.
This document provides summaries of recent family law cases related to financial remedy orders. It discusses the case of Wyatt v Vince, where the Supreme Court provided guidance on delay and striking out applications for financial relief made after divorce. It also summarizes the case of Wright v Wright regarding spousal maintenance and the principles from the case of SS v NS, where a judge outlined 11 points of guidance for spousal maintenance awards. The document provides legislative background on financial orders under the Matrimonial Causes Act 1973 and analyzes these recent cases that have impacted family law practitioners.
Allah hc order mohd. faizan v. state of up sabrangsabrang
This document summarizes a court case in India challenging a show-cause notice issued to deposit damages for public property. The petitioner's counsel argued the notice violated Supreme Court guidelines requiring an independent claims commissioner to investigate liability. While the respondent cited a pending Supreme Court case, the court ruled the notice's authority was also being challenged in that case. It stayed the notice's effect until the Supreme Court makes a determination and the petitioner agreed to abide by the Supreme Court's final order.
Download Michael O' Connor, Head of Projects, Energy and Construction at Matheson's slides from this morning's briefing on Emerging Issues in Energy Litigation – A1P1 ECHR.
The presentation examines last month’s decision of the Court of Appeal in the case of The Department of Energy & Climate Change v Bryer Group PLC & Others.
Visit www.matheson.com/legal-services/projects-energy-and-construction-law to find out more.
2018 CJO Report: Recognition and Enforcement of Foreign Arbitral Awards in Ch...国栋 杜
We are endeavoring to collect all Chinese court decisions involving the recognition and enforcement of the foreign arbitral awards. This report presents you with a total of 25 cases in this very field that has been heard by Chinese courts in 2018. In addition, we keep making a case list for every major arbitral institution, based on past Chinese court decisions in international arbitration from all publicly available sources.
Companies operating with employees in the U.S. need to be aware of state and federal employment laws. Employees can be a business’s greatest asset, but it may seem that there is a potential employment pitfall at every turn. The consequences of mishandling issues can be costly and time-consuming.
On June 13, 2019, Winston hosted the inaugural Nordic Session – “Avoiding Employment Law Landmines” presented by Monique Ngo-Bonnici, Jason Campbell, and Nordic Session hosts Uri Doron and Jared Manes. The presenters discussed employment litigation trends and provided practical strategies on a number of labor and employment-related issues.
More information, including an audio recording, is available here:
https://www.winston.com/en/thought-leadership/the-nordic-sessions-avoiding-employment-law-landmines.html
Recent Trends in Regulatory Actions Impacting Banks and Financial InstitutionsWinston & Strawn LLP
This presentation addresses recent trends in regulatory actions impacting banks and financial institutions. It focuses on how attendees can minimize their impact on their respective organizations as a lawyer, leader of a line of business, member of the Board of Directors, or a risk management, compliance, finance, and internal audit professional.
The presentation also addresses trends in formal enforcement actions, observations related to recent regulatory agency matters, and noteworthy recent public enforcement matters. It includes lessons learned in preventing matters requiring attention from turning into formal actions and best practices in conducting lookback reviews.
More information, including an audio recording, is available here: https://www.winston.com/en/thought-leadership/recent-trends-in-regulatory-actions-impacting-banks-and-financial-institutions.html.
More Related Content
Similar to Latest Developments Regarding Arbitration in Hong Kong and Mainland China
March 2018 newsletter for the adjudicator nominating body UK Adjudicators. Articles on UK and foreign adjudication cases, FIDIC 2017 and events taking place globally.
SABC presentation to PC Comms 27 November 2018 for Public Hearing FinalSABC News
The SIU adopted a phased approach as the investigation methodology due to the significant volume of matters to be investigated. Proclamation No R29 of 2017 has been divided into Phase 1 and Phase 2.
In the past year, recent developments in Singapore have demonstrated its intention to position itself as a leading dispute resolution centre in Asia. Singapore is already widely recognised as a centre for arbitration, and the evolution of the Singapore International Mediation Centre (SIMC) and Singapore International Commercial Court (SICC) serve to solidify its reputation, and to meet the growing demand for dispute resolution in the region. This presentation explored the complementary nature of the SIMC to arbitration through the unique Arb-Med-Arb procedure, and discussed recent importance changes made in the Singapore International Arbitration Centre (SIAC) Rules in July 2016, such as on early dismissal, consolidation and joinder, expedited procedure, and emergency arbitration.
Dinesh Dhillon has acted in international arbitration for global multinational corporations in the telecommunications, airline, hotel, commodities, construction, manufacturing and projects industries. Apart from corporates, he has also represented sovereign states in international arbitration cases. He has represented clients in landmark cases before the Singapore courts relating to jurisdiction of arbitral tribunals, challenges to arbitration awards and attempts to resist enforcement of foreign arbitration awards. He is a Fellow and Vice President of The Singapore Institute of Arbitrators and Exco member of the Law Society of Singapore.
Slides from the niceties of notices and their importance for construction claimsRobert MacDonald
This document summarizes a legal article about notices under the UK's Housing Grants, Construction and Regeneration Act 2009 and the NEC3 construction contract.
The article discusses three recent court cases that dealt with failures to serve payment or pay less notices under the 2009 Act. It also examines issues around distinguishing interim payments from final accounts. Additionally, the document outlines key points in NEC3 regarding compensation event notices and the 8-week time limit for notifying such events. The author notes that in practice, both contractors and project managers often fail to follow the notice procedures as intended by the contracts.
Fast Track Arbitration Procedure, Section 29B, Singapore International Arbitration Center (SIAC), SIAC Rules (6th Edition, 1 August 2016) ("SIAC Rules 2016”), Emergency Arbitration, Emergency Arbitrator, Fess, Hong Kong International Arbitration Center, Expedited Procedure,
15 March 2016 - Law Institute of Victoria conference presentation.Andrew Downie
Here are the slides from my presentation to the 2016 Law Institute of Victoria conference 17 March 2016. The topic is "Recent Developments in Commercial Litigation: Case Law and Court Procedure".
UK Adjudicators are an adjudicator nominating body who nominate sole adjudicators and dispute board members in the United Kingdom and internationally. The nomination service is a free service to the parties.
The June newsletter features adjudication cases from the UK, NSW, Singapore and updates from Canada and NSW on adjudication legislation.
Powerpoint for New York State Bar LectureLaina Chan
Powerpoint used in the lecture on 29 October 2014 to the New York State Bar presented at Hinshaw & Culbertson on the Enforcement of International Arbitral Awards in the Asia Pacific. An event supported by the International Subcommittees for International Arbitration, Insurance and Reinsurance as well as the Chinese American Bar Association
The document summarizes highlights from the second year of post-issuance proceedings administered by the Patent Trial and Appeal Board (PTAB). It discusses several notable cases from 2014 related to inter partes review, covered business method review, and post-grant review. Specifically, it discusses how the Federal Circuit addressed the appealability of PTAB decisions on petitions and clarified that only final written decisions can be appealed. It also summarizes trends in petitions filed and issues considered in the second year of these new proceedings introduced by the America Invents Act.
This document summarizes the litigation process from filing a complaint through appeals. It discusses the parties to a case, jurisdiction, pretrial procedures like discovery and motions, the jury selection process, burdens of proof, jury instructions, verdicts and judgments, post-trial motions, and appeals. Key points covered include subject matter and personal jurisdiction, class action requirements, challenges to pleadings, types of evidence and proof standards, motions that can be made during and after trial, and the roles of verdicts and judgments.
SABC presentation to Scopa 6 November 2018 for public hearingSABC News
The SIU presented on the progress of its investigations into corruption at the SABC as mandated by Proclamations R29 of 2017 and R19 of 2018. In Phase 1, the SIU found irregularities in several contracts awarded by the SABC and evidence against certain executives. This resulted in civil litigation worth over R166 million, 4 criminal referrals, and 23 disciplinary referrals against SABC officials. For Phase 2, the SIU's investigation into additional matters is ongoing, with referrals, closure memos, and a final report due by April 2019. The presentation provided updates on several civil cases initiated and the criminal trial of Sully Motsweni.
Globally remove links of video defaming Ramdev, Delhi HC directs Facebook, Go...sabrangsabrang
This document is a court judgment from the High Court of Delhi regarding a defamation case filed by Swami Ramdev and Patanjali Ayurved Ltd. against Facebook, Google, YouTube, Twitter and others ("Platforms"). The Plaintiffs allege that defamatory content about them from a book was disseminated on the Platforms and sought an injunction. The court had earlier directed the Platforms to remove the URLs for access in India but not globally. In this judgment, the court considers arguments for and against globally blocking the URLs and content. The Plaintiffs argue for a global block, while the Platforms argue they should not be obligated to implement court orders globally. The court examines the relevant laws and precedents
Getting the Deal Through: Insurance Litigation 2019Matheson Law Firm
Litigation partners, Sharon Daly and April McClements and senior associate, Aoife McCluskey author the Ireland chapter of Getting the Deal Through 2019.
This document provides summaries of recent family law cases related to financial remedy orders. It discusses the case of Wyatt v Vince, where the Supreme Court provided guidance on delay and striking out applications for financial relief made after divorce. It also summarizes the case of Wright v Wright regarding spousal maintenance and the principles from the case of SS v NS, where a judge outlined 11 points of guidance for spousal maintenance awards. The document provides legislative background on financial orders under the Matrimonial Causes Act 1973 and analyzes these recent cases that have impacted family law practitioners.
Allah hc order mohd. faizan v. state of up sabrangsabrang
This document summarizes a court case in India challenging a show-cause notice issued to deposit damages for public property. The petitioner's counsel argued the notice violated Supreme Court guidelines requiring an independent claims commissioner to investigate liability. While the respondent cited a pending Supreme Court case, the court ruled the notice's authority was also being challenged in that case. It stayed the notice's effect until the Supreme Court makes a determination and the petitioner agreed to abide by the Supreme Court's final order.
Download Michael O' Connor, Head of Projects, Energy and Construction at Matheson's slides from this morning's briefing on Emerging Issues in Energy Litigation – A1P1 ECHR.
The presentation examines last month’s decision of the Court of Appeal in the case of The Department of Energy & Climate Change v Bryer Group PLC & Others.
Visit www.matheson.com/legal-services/projects-energy-and-construction-law to find out more.
2018 CJO Report: Recognition and Enforcement of Foreign Arbitral Awards in Ch...国栋 杜
We are endeavoring to collect all Chinese court decisions involving the recognition and enforcement of the foreign arbitral awards. This report presents you with a total of 25 cases in this very field that has been heard by Chinese courts in 2018. In addition, we keep making a case list for every major arbitral institution, based on past Chinese court decisions in international arbitration from all publicly available sources.
Similar to Latest Developments Regarding Arbitration in Hong Kong and Mainland China (20)
Companies operating with employees in the U.S. need to be aware of state and federal employment laws. Employees can be a business’s greatest asset, but it may seem that there is a potential employment pitfall at every turn. The consequences of mishandling issues can be costly and time-consuming.
On June 13, 2019, Winston hosted the inaugural Nordic Session – “Avoiding Employment Law Landmines” presented by Monique Ngo-Bonnici, Jason Campbell, and Nordic Session hosts Uri Doron and Jared Manes. The presenters discussed employment litigation trends and provided practical strategies on a number of labor and employment-related issues.
More information, including an audio recording, is available here:
https://www.winston.com/en/thought-leadership/the-nordic-sessions-avoiding-employment-law-landmines.html
Recent Trends in Regulatory Actions Impacting Banks and Financial InstitutionsWinston & Strawn LLP
This presentation addresses recent trends in regulatory actions impacting banks and financial institutions. It focuses on how attendees can minimize their impact on their respective organizations as a lawyer, leader of a line of business, member of the Board of Directors, or a risk management, compliance, finance, and internal audit professional.
The presentation also addresses trends in formal enforcement actions, observations related to recent regulatory agency matters, and noteworthy recent public enforcement matters. It includes lessons learned in preventing matters requiring attention from turning into formal actions and best practices in conducting lookback reviews.
More information, including an audio recording, is available here: https://www.winston.com/en/thought-leadership/recent-trends-in-regulatory-actions-impacting-banks-and-financial-institutions.html.
For better or worse, electronic data is at the heart of many legal investigations. Therefore, it is becoming increasingly important for lawyers to have a basic understanding of computer forensics including:
- what computer forensics is and what types of things can a computer forensic expert do;
- types of mistakes lawyers or IT professionals make that can corrupt, alter, or destroy evidence that is key to investigations;
what types of electronic evidence exists;
- ways to work efficiently and effectively with a computer forensic expert; and
- when to consider hiring and how to choose a computer forensic expert as part of an investigation
Learn more from Winston & Strawn and listen to the presentation here: https://www.winston.com/en/thought-leadership/computer-forensics-what-every-lawyer-needs-to-know.html.
Maximizing Deductions in Light of the Section 162(m) GuidanceWinston & Strawn LLP
Winston & Strawn’s Employee Benefits & Executive Compensation Practice hosted “Maximizing Deductions in Light of the Section 162(m) Guidance” on September 6, 2018.
The IRS recently issued Notice 2018-68 providing much anticipated guidance on the key issues with respect to the Section 162(m) amendments added by the Tax Cuts and Jobs Act.
Partners Michael Melbinger, Nyron Persaud, and Ruth Wimer presented this webinar focused on understanding the impact of Notice 2018-68, including:
- Brief overview of the changes in Section 162(m) as a result of the Tax Act
- In depth discussion and analysis of Notice 2018-68: Covered employee, written binding contract, material modification
- “To do” list for maximizing deductions going forward
- Alternative compensation strategies
- Proxy Statement Reporting
- Accounting issues
Learn more here: https://www.winston.com/en/thought-leadership/maximizing-deduction-in-light-of-the-section-162m-guidance.html.
Regulators on the Move – Recent Treasury and Comptroller Actions: How They Af...Winston & Strawn LLP
This document summarizes recent regulatory actions and initiatives that affect financial institutions and their boards of directors. It discusses a Treasury report on nonbank financial companies and fintech, the OCC's announcement allowing fintech companies to apply for national bank charters, the BCFP's participation in an international fintech regulatory cooperation group, and other related developments. The actions reflect a changing landscape with increasing fintech competition and opportunities for banks through partnerships with innovative companies. Banks will need to carefully navigate the uncertainties of these overlapping and possibly conflicting regulatory initiatives.
Winston & Strawn's Employee Benefits & Executive Compensation Practice hosted an eLunch to discuss key issues faced by plan sponsors during IRS and DOL audits of retirement plans. The most common problem areas identified by IRS and DOL agents were addressed, with practical tips for plan sponsors on how to establish and maintain internal controls to help avoid compliance errors. Topics included:
-The most significant issues DOL agents focus on during audits, including missing participants, late payroll deposits, and missed employee communications
-The most significant issues IRS agents focus on during audits, including definitions of compensation, age 70-1/2 distributions, employee eligibility requirements, and properly updated plan documents
-Steps employers can take in order to improve their internal controls for compliance with IRS and DOL requirements
Contact Winston & Strawn for more information about this presentation:
https://www.winston.com/en/thought-leadership/irs-and-dol-audit-issues-for-retirement-plans.html
Solutions to Section 301 Tariffs on Products from China—Managing the Shock of...Winston & Strawn LLP
As part of an on-going international trade dispute between the United States and China, on July 6, 2018, the U.S. Trade Representative (USTR) imposed additional 25% tariffs on the importation of products from China that fall within 818 different classifications of the Harmonized Tariff Schedule of the United States (HTSUS). Since that time, the USTR has proposed additional 25% tariffs on an another large group of tariff classifications, and the week of July 9 proposed additional 10% tariffs on a third set of tariff classifications. These additional tariffs are based on an investigation under Section 301 of the Trade Act of 1974 into the government of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation.
These Section 301 tariffs are a financial shock to many Chinese suppliers and their U.S. customers and may even drive some companies out of business. However, there are procedures available for seeking removal of certain HTSUS classes of goods from the Section 301 tariffs, other procedures for seeking exemptions of particular products from those tariffs, and if necessary, supply chains can be reconfigured to avoid those tariffs.
Contact Winston & Strawn for more information about this presentation: https://www.winston.com/en/thought-leadership/solutions-to-section-301-tariffs-on-products-from-chinamanaging-the-shock-of-25-increase-in-cost-of-goods.html.
Best Practices for Anti-Bribery and Anti-Corruption (ABAC) ComplianceWinston & Strawn LLP
Winston & Strawn hosted a webinar titled “Best Practices for Anti-Bribery and Anti-Corruption (ABAC) Compliance.”
The interactive webinar focused on the following ABAC compliance topics:
- Anti-bribery and anti-corruption authorities
- Essential elements of a comprehensive and effective compliance program
- Implementing your compliance program in real-world scenarios
- Problem management and escalation protocol
Winston & Strawn partners Peter Crowther, Nicholas Usher, and Eva Davis hosted a discussion on the latest developments in international corporate transactions and antitrust/competition law.
Among other topics, they discussed current market practices for U.S. companies doing transactions in Europe, as well as key takeaways from some of the recent matters they have handled.
The document provides an overview of recent legislative, regulatory, and policy developments that are impacting the financial services industry. Key points include:
- The Economic Growth, Regulatory Relief, and Consumer Protection Act provides regulatory relief for smaller banks and raises various asset thresholds.
- Recent speeches by Federal Reserve officials emphasize transparency in regulatory policies and balancing pre-positioning of capital with flexibility.
- The OCC Comptroller is urging banks to meet consumers' short-term small dollar credit needs.
- The presentation discusses the implications of these changes for regulatory burden, competition between large and small banks, and issues for banks' boards of directors to consider.
Trade Secret Protection: Practical Advice on Protecting and Defending Your Or...Winston & Strawn LLP
Winston's Global Privacy & Data Security Task Force presented an interactive webinar focused on some of the practical ways to prevent theft of key information, investigation tips, and strategies to defend against the use of that information after a theft.
Cryptocurrency Crackdown: What You Need to Know about Enhanced IRS/Government...Winston & Strawn LLP
With a newly assembled team of specialized investigators, the Internal Revenue Service (IRS) has dedicated substantial resources to investigating cryptocurrency use in tax evasion. According to the IRS, any taxpayer who has engaged in a virtual currency transaction without properly reporting it has failed to comply with U.S. tax law.
As John Doe Summonses seeking the identities of investors are served on cryptocurrency trading exchanges, significant IRS civil and criminal investigations will ensue. The New York Attorney General’s Office has announced an investigation into the policies and practices of cryptocurrency trading exchanges. The SEC, CFTC, and other regulators have announced initiatives as well.
Winston & Strawn hosted “Cryptocurrency Crackdown: What You Need to Know about Enhanced IRS/Government Scrutiny of Cryptocurrency Transactions.” The program examined the IRS’s newest substantive and procedural initiatives regarding cryptocurrency transactions, the reporting obligations that U.S. taxpayers must follow, corrective steps that may still be taken to mitigate exposure, and appropriate tax structuring of these transactions.
The program also provided an overview of the latest developments in regulatory investigations.
In 2017, Nevada became the 36th state to ratify the The Equal Rights Amendment (ERA). This spring, Illinois could become the 37th. With one additional state ratification—and one more vote in Congress—our Constitution could finally guarantee equality to all people regardless of sex.
“The Equal Rights Amendment: Legal Issues and Implications” was designed to answer recurring questions about the legal implications of the ratification effort, including why ratifying the ERA is still important and necessary, what the ERA would (and would not) accomplish, and why it is not too late.
https://www.winston.com/en/equal-rights-amendment.html
For a few brief months in late 2017, the five-member National Labor Relations Board (NLRB) operated at full-strength and with a Republican majority for the first time in a decade. The “new” NLRB’s case outcomes were consequential, and included reversals of several perceived pro-labor decisions from the prior Obama NLRB. Then, Chairman Miscimarra’s term expired in December, and the NLRB settled back into a 2-2 equipoise. Looking ahead, employers will likely not wait long for another shift in the NLRB’s political make-up, as President Trump’s latest nominee, Republican John Ring, awaits confirmation by the Senate.
Winston & Strawn Partners Bill Miossi and Derek Barella review the NLRB’s late 2017 flurry of activity and likely issues and agenda items to be taken up by the Trump NLRB in 2018.
2018 Hot Topics for Health & Welfare Plans, Fringe Benefits, and Withholding ...Winston & Strawn LLP
Winston & Strawn’s Employee Benefits & Executive Compensation Practice presented an eLunch titled “2018 Hot Topics for Health & Welfare Plans, Fringe Benefits, and Withholding Rates.”
This presentation featured a discussion of the following hot button issues:
- Updates on Affordable Care Act (ACA) employer shared responsibility
- Tax Act changes to the ACA
- Tax Act changes to fringe benefit rules
- Tax Act changes to employer tax withholding rates, including for bonuses and other supplemental payments
The Real Deal Webinar Series: Delaware Law Developments/Recent Judicial Decis...Winston & Strawn LLP
The presentation included a discussion of current issues and recent judicial decisions affecting M&A transactions and corporate governance for Delaware companies from a transactional perspective.
The EU’s General Data Protection Regulation (GDPR) takes effect on May 25, 2018. GDPR significantly increases the requirements imposed on companies touching the personal data of EU citizens, and also increases oversight by the EU member states’ data protection authorities. And the consequences of non-compliance under GDPR are massive—the greater of €20 million or four percent of the company’s worldwide turnover.
The Real Deal Webinar Series: Practical Advice from a Former Chief Compliance...Winston & Strawn LLP
The presentation included a discussion of practical steps in-house lawyers can take to build, grow, and measure their corporate compliance program, and why such programs are important for companies, especially those preparing for a sale.
This program includes Board of Director highlights of the current M&A environment, an update of current issues in Director and Officers (D&O) liability insurance, and cautionary observations on recent litigation developments. The panel addressed each of these topics in the context of the current regulatory changes, the economy, buy and sell side perspectives, and particular challenges for board fiduciary duties.
Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
Law Number 13 of 2003 on Manpower has been partially revoked and amended several times, with the latest amendment made through Law Number 6 of 2023. Attention is drawn to a specific part of the Manpower Law concerning severance pay. This aspect is undoubtedly one of the most crucial parts regulated by the Manpower Law. It is essential for both employers and employees to abide by the law, fulfill their obligations, and retain their rights regarding this matter.
Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
The presentation deals with the concept of Right to Default Bail laid down under Section 167 of the Code of Criminal Procedure 1973 and Section 187 of Bharatiya Nagarik Suraksha Sanhita 2023.
A Critical Study of ICC Prosecutor's Move on GAZA WarNilendra Kumar
ICC Prosecutor Karim Khan's proposal to its judges seeking permission to prosecute Israeli leaders and Hamas commanders for crimes against the law of war has serious ramifications and calls deep scrutiny.