Legal Updates

Contributi ai progetti di internazionalizzazione della Regione Lazio

Dal 14 febbraio le Piccole e Medie imprese del Lazio potranno presentare telematicamente le richieste per i contributi stanziati dalla Regione Lazio per il sostegno dei processi di internazionalizzazione.

Sono stati presentati, infatti, il 3 febbraio 2017, i Bandi Internazionalizzazione per le PMI attraverso i quali, con lo stanziamento di 5 miloni di Euro, la Regione Lazio intende anche quest’anno contribuire ai progetti di internazionalizzazione delle piccole e medie imprese (singolarmente o in Aggregazione Temporanea) rappresentative dei principali comparti e settori regionali.

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Rumor and Drama at Retailer Creates Jury Question

In January, a New York federal district court denied a retailer’s bid to dismiss a former regional manager’s lawsuit alleging that workplace rumors spread by three female co-workers that she showed her breasts to the company’s CEO by wearing a revealing blouse without a bra and that her subsequent termination shortly after she complained about the gossip constituted hostile work environment sex discrimination and retaliatory discharge. Baez v. Anne Fontaine USA, Inc., No. 14-cv-56621 (KBF), 2017 U.S. LEXIS 1630 (S.D.N.Y. Jan . 5, 2017).

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Russian Ministry of Health adopted new Administrative Regulations concerning state registration of medical drugs

On 04 February 2017 Order of the Russian Ministry of Health No. 725н dated 21 September 2016 “On adoption of the Administrative Regulations of the Ministry of Health of the Russian Federation on providing public service on state registration of medical drugs” (hereinafter – the “Administrative Regulations”)1  became effective.
The updated Administrative Regulations amend the structure, sequence of administrative procedures as well as timelines and order of their performance, inter alia the Administrative Regulations:
  • Supplement the range of applicants for rendering public services on medical drug registration (hereinafter – the “Service”) by including companies acting on their own behalf or on behalf of other legal entities and submitting medical drug for state registration. Previously, only medical drug developers or their attorneys could apply for the registration;
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VAT imposition on the provision of services in electronic form by foreign IT-organizations starting from 2017

The Federal law № 244-FZ “On amending parts one and two of the Tax code of the Russian Federation” (hereinafter – the Law) came into force on 01 January 2017. The Law provides that starting from this date provision of services in electronic form by foreign IT-organizations to Russian individuals and legal entities in Russia is subject to VAT taxation.

Under clause 1 art. 174.2 of the Russian Tax code as amended by the Law the following services are subject to the payment of VAT inter alia:
  • granting of rights to use computer programs (including computer games), databases via the Internet;
  • provision of advertising services on the Internet;
  • services on placing offers for purchase (disposal) of goods (works, services), property rights on the Internet;
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Liability for violation of personal data processing regulations – new offence matters

New amendments introduced by the Federal law dated 07.02.2017 № 13-FZ (hereinafter – “Law № 13-FZ”) and effective as of 1 July 2017 provide for increased liability for violating personal data processing legislation (hereinafter – “PD”). The amendments are made into art. 13.11 of the Administrative Offences Code of the Russian Federation (hereinafter – “AOC”) and introduce new administrative offences. The powers to initiate administrative liability proceedings for this type of offences have been assigned to the Federal Service for Supervision of Communications, Information Technology, and Mass Media of the Russian Federation (Roskomnadzor).
The Law № 13-FZ establishes separate administrative offences for violating personal data legislation, inter alia, for the following cases:
  • Processing of PD without properly executed consent of the person the PD refers to – fine up to max. RUB 75,000;
  • Processing of PD incompatible with the purpose of relevant PD collection, or processing of PD if not allowed by the current legislation – fine up to max. RUB 50,000;
  • Failure by the PD operator to secure physical safety of data carrying devices – fine up to max. RUB 50,000;
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D.C. Court of Appeals Highlights Importance of Offers of Proof in NLRB Representation Hearings Under Expedited Election Rules

A recent decision of the United States Court of Appeals for the District of Columbia Circuit in connection with an employer’s challenge to a National Labor Relations Board (“NLRB” of “Board”) representation election in which the Board certified a “wall to wall” bargaining unit provided clear evidence of just how critical it is for employers to make detailed “offers of proof” concerning issues the Board will not allow them to litigate under the amended election rules which took effect in April 2015.

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New Rules for the Investment Registry in the Country and Deadline for Updating the Economic and Financial Statement

On January 30, 2017, new rules applicable to the registration of foreign direct investment in the country with the Central Bank of Brazil (the so-called RDE-IED system) came into force.

The new rules greatly simplified the registration of transactions involving foreign direct investments and also required the updating of economic and financial data of foreign investment companies with total assets or equity equal to or greater than R $ 250 million.

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Receita Federal e Procuradoria Geral da Fazenda Nacional regulamentam o novo programa para quitação de débitos

No dia 1º de fevereiro de 2017 a Receita Federal do Brasil (“RFB”) publicou a Instrução Normativa (“IN”) nº 1687, de 31 de janeiro de 2017. Dois dias mais tarde, no dia 3 de fevereiro de 2017, a Procuradoria Geral da Fazenda Nacional (“PGFN”) publicou a Portaria PGFN nº 152 de 02/02/2017. Estes dois instrumentos normativos, cada qual em contexto próprio, regulamentam o disposto na Medida Provisória (“MPV”) nº 766/2017, que institui o novo Programa de Regularização Tributária (“PRT”)[1].

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Immigration checks and Right to Rent

Recent changes have been announced to the Immigration Act 2016 (which came into effect from 1 December 2016), which have “upgraded” the failure to meet Right to Rent requirements to a criminal offence including a jail term of up to five years.

Right to Rent was a scheme introduced across England on 1 February 2016. The scheme requires landlords or their letting agents to make adequate immigration checks before letting a property. If they do not, they can be liable for a fine of up to £3,000.

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NAD Action Requiring the Kardashians and Fit Tea to Disclose Their Connections in Social Media Posts

As part of its ongoing monitoring program, the National Advertising Division (NAD) reviewed endorsements by Kourtney and Khloe Kardashian and Kylie Jenner (the Kardashians) that failed to disclose that they were paid to endorse a dietary supplement known as “Fit Tea” in their social media posts. In response to the NAD’s action, Fit Tea revised its social media posts to disclose Fit Tea’s material connections with its celebrity endorsers.

Background
The Federal Trade Commission (FTC) Endorsement and Testimonial Guides (FTC Endorsement Guides) require clear disclosure of any material connections between an advertiser and its influencers and other endorsers, including when their endorsements are posted on social media platforms such as Twitter and Instagram. The FTC contends that, in the absence of such disclosure, consumers might believe that an endorsement on social media is a spontaneous recommendation of a product made without any compensation rather than a paid endorsement.

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