Regions

Russian IP Court clarified how to tackle “cooling-off” period in parallel import disputes

Russian IP Court clarified how to tackle “cooling-off” period in parallel import disputes

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PINK LADY in Chile: Australian industry wins trade mark case on appeal

Apple and Pear Australia Limited (APAL), the owner of well-known PINK LADY trade marks in over 80 countries, has been successful in its appeal to the Court of Appeal of Victoria against Pink Lady America, LLC (PLA) regarding rights over PINK LADY trade marks in Chile.

Background

While the matter concerned valuable trade marks which are registered in Chile, it was essentially a contractual dispute concerning the scope of rights granted under a trade mark licence. The licence, being a contract between APAL and PLA, a company incorporated under the laws of Washington State, in The United States, was governed by the laws of the State of Victoria, Australia. The appeal has relevance not only for the construction and implication of terms for trade mark licences but also, more generally, commercial contracts.

The PINK LADY trade mark was first used in connection with the Cripps Pink apple variety. The Cripps Pink variety was bred by John Cripps at the Department of Agriculture and Food, Western Australia (DAFWA) in the 1970s, by crossing the Golden Delicious and Lady William apple varieties.

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Two recruits join our Insurance Law Practice Group

December 1, 2016 — RSS recently added two litigators to its Insurance Law Practice Group:

  • Georgia Papadolias, who joined us in the early days of November after having been with a boutique litigation firm. Her practice will comprise an important share of transportation and maritime law cases.
  • Sandrine Bédard, called to the Bar a mere few days ago, will remain on a course that began in 2014 as a student and continued when she articled with us. She will continue to represent before the courts a clientele that is already familiar to her.
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Compensation Based on Assets Under Management May Raise Conflict of Interest Concerns Requiring a Prohibited Transaction Exemption

Advisers and financial institutions that are compensated based on a fixed percentage of the value of assets under management may want to reconsider that compensation methodology as it could require compliance with a prohibited transaction exemption, such as the Best Interests Contract Exemption (the “BIC Exemption”), which is a component of the fiduciary rule issued by the Department of Labor (the “DOL”) in April 2016 (the “Final Rule”).  While stating in the recently published “Conflict of Interest FAQs” (the “FAQs”) that the ongoing receipt of a fixed percentage of the value of a customer’s assets under management, where such values are determined by readily available independent sources, typically does not require compliance with a prohibited transaction exemption, the DOL cautions that such compensation may still raise conflict of interest concerns and require that the adviser comply with a prohibited transaction exemption.  The FAQs, like the Final Rule, are generally limited to advice concerning investments in employee benefit plans covered by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), individual retirement accounts (“IRAs”) and certain other plans.

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Get ready for another ATED valuation date

The Autumn Statement on 23 November contained no further detail about how the Government’s proposals for achieving Inheritance Tax transparency for offshore structures from 6 April 2017 is going to work in practice.  However, in rather ominous fashion, the Government did use the occasion to confirm that the changes are going ahead as planned from 6 April 2017. 

Non-doms owning UK residential property through offshore trusts, companies or other vehicles need to get their skates on if they are to get any reorganisations finished by 6 April 2017 (see my blog of 3 November 2016 for one reason why doing so may be desirable).  However, there may be another good reason – some may find their company’s Annual Tax on Enveloped Dwellings (ATED) bill goes up substantially too.  Here’s why.
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Hall & Wilcox adds to commercial dispute resolution team

Leading independent business law firm Hall & Wilcox has added to its Melbourne commercial dispute resolution practice with the appointment of Hamish McNair as senior associate.

Mr McNair joins Hall & Wilcox from Norton Rose Fulbright. He brings diverse experience in disputes involving breach of contract, corporations law, consumer law, equity, financial services, product liability, real property and intellectual property.

He has advised on disputes in several industries including healthcare, technology, finance, government, pharmaceutical, property, retail and transport. Mr McNair has acted for clients in relation to complaints made to the Australian Human Rights Commission and has appeared for clients at inquiries conducted by the New South Wales Independent Commission Against Corruption (ICAC). He is a member of the NSW Young Lawyers Civil Litigation Committee.

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Hall & Wilcox boosts Sydney Private Clients practice with two new appointments

Leading independent business law firm Hall & Wilcox has added further depth to its Sydney Private Clients team by appointing two new special counsel, Eileen Meehan and James Whiley.

Eileen Meehan has extensive experience in estate planning, and joins from Bartier Perry, where she was consulting to the private clients team. Eileen was previously a Director in PWC’s private clients team specialising in estate planning.

James Whiley has specialist expertise in estate planning, dispute resolution and succession planning for high net worth clients. He was previously at Bartier Perry where he was responsible for a large portfolio of clients. Prior experience includes a succession and estate planning role at PWC and a senior role at a leading private client team in an international London-based law firm.

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HOWARD & HOWARD’S STEVEN M. VAN BEEK NAMED TO MICHIGAN LAWYERS WEEKLY “UP & COMING LAWYERS” CLASS OF 2016


Royal Oak, Michigan, November 29, 2016: Howard & Howard Attorneys PLLC is pleased to announce that attorney Steven M. Van Beek has been named to Michigan Lawyers Weekly “Up & Coming­­ Lawyers” Class of 2016. The 30 Honorees were selected by a committee based on criteria including those who have established a name for themselves in the legal community, go above and beyond, and display the ambition, drive, determination and accomplishments that set them apart among their peers — in their first 10 years in practice.
Steven M. Van Beek concentrates his practice in the area of financial regulations. He represents credit unions throughout the country to help ensure they comply with the regulations and guidance issued by the Consumer Financial Protection Bureau, the National Credit Union Administration, the Federal Reserve Board as well as the underlying legal statutes. Beyond the regulations, Mr. Van Beek has intimate knowledge of the operational issues facing credit unions and best practices credit unions can follow to reduce compliance, strategic and reputation risks.

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Cleaver Fulton Rankin shortlisted for business award

Cleaver Fulton Rankin has been shortlisted in the Employer of the Year category ahead of the UTV Business Eye Awards 2016.

Staff from the firm will find out if they have been successful at the awards ceremony at the Belfast Waterfront tomorrow evening.

Karen Blair, managing director of Cleaver Fulton Rankin, told Irish Legal News: “We are delighted to have been shortlisted for Employer of the Year in the UTV Business Eye Awards recognising the collective and fulfilling environment in which we operate at Cleaver Fulton Rankin.

“We continually invest in the development of staff and organise events and activities with a firm-wide commitment which contributes to our positive working environment, and therefore our high staff retention rates.

“We are really looking forward to attending the awards ceremony on Thursday 24th November to acknowledge and celebrate the work and achievements of both leading individuals and organisations across Northern Ireland.”

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Non-possessory pledge

On May 3, 2016, the Decree Law 3 May 2016, no. 59, containing “Urgent provisions on enforcement and bankruptcy proceedings in favor of investors in banks in liquidation”, entered into force and introduced a new form of credit guarantee, the so-called non-possessory pledge.

This Decree was converted into Law no. 119 of 30 June 2016 and published in the Official Gazette no. 153 on July 2, 2016.

Article 1 of Decree Law no. 59/2016 stipulates that “Entrepreneurs registered in the Business Register may place a non-possessory pledge in order to guarantee the credits granted to them or to thirds, whether current or future, determined or determinable and with a forecasted maximum guaranteed amount, relating to the business activity of the enterprise”.


Antonello Corrado
Giovanna Canale
Silvia Viceconte

This new form of security is aimed at combining the need for corporate finance – the debtor that can offer this form of guarantee must be an entrepreneur registered in the Business Register – with the interest of the creditors for the realization of their right and for the certainty of the timeframe of credit satisfaction.

The pledge is granted through written deed and is published in a dedicated register (the “Register of Non-possessory Pledges”) held in computerized systems of the Revenue Agency. From the date of registration, the pledge becomes effective and enforceable against third parties, both in enforcement and bankruptcy proceedings.

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