Regions

The India growth story is all set to take off

Come, Make in India
The Prime Minister has given a new slogan to the country – Come, Make in India – and he has actually told the world out there that he is very serious about making India a manufacturing hub.

“Be it plastics or cars or satellites or agricultural products, come make in India,” the prime minister said, repeating his government’s resolve to step up manufacturing. “We should dream of ‘Made in India’ products across the world.We need to encourage the manufacturing sector.We need to channelise the strength of the youth through manufacturing,” the prime minister stressed. “Manufactured goods should have zero defect as also zero effect on environment,” he added. More…

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Focus on Customs reform here and in the EU and our uptake on FTAs

It’s been a busy couple of weeks in the trade policy “space” (to use the cliché) and it is very clear that Governments here and overseas are placing an increased focus on customs reform as part of a global push on trade facilitation and de – regulation, even though the Protocol on adoption of the WTO Trade Facilitation Agreement was not adopted by the deadline of 31 July 2014.  In a related topic, a number of studies have recently been released which emphasise the need to improve the use of Free Trade Agreements (“FTA“) and for Governments to adopt measures to assist in that process. More…

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Credit repair agencies in the naughty corner

COSL has asked industry and consumer groups for feedback on proposed changes to the way they deal with credit repair agencies and other representatives of consumers who ‘behave badly’.

COSL is concerned that some credit repair agencies target consumers in financial distress and charge them significant fees to access services that consumers can access without charge. More…

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WILL THE OECD BE ABLE TO ”RINGFENCE” TAXATION OF E-COMMERCE?

As most of the readers know, the OECD administers the Base Erosion & Profit Shifting Project (the “BEPS Program”) and its fifteen action plans. Below are some comments regarding action plan no. 1 – which is focused on the digital economy and the challenges it may create from a tax point of view. In this context, it is important to bear in mind that the end result of the BEPS Program is not to introduce proposals for new legislation in the member countries. On the contrary, but the BEPS Program modifies the OECD Guidelines, which means that the final changes effectively will become “applicable rules” by the tax authorities.  The benefit – as seen by the politicians – is that this means that the changes will not need to be passed by the parliaments and legislative bodies of the different countries. More…

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Client Alert – Recent Rejection of Sunshine Act Data Submissions Pushes Back Deadlines

Implementation of the Sunshine Act continues to encounter stumbling blocks. On August 15, 2014 the Centers for Medicare and Medicaid Services (“CMS”) announced that it would be withholding one-third of the records it received from drug and medical device manufacturers under the Sunshine Act due to data inconsistencies. CMS indicated that the flawed submissions will not be published in the Open Payments System database that is scheduled to go public on September 30, 2014. Rather, CMS will be returning the flawed data to manufacturers and group purchasing organizations (“GPOs”) to be corrected and resubmitted. The resubmitted data will not be published until June 2015.  More…

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California Ruling On Medical Privacy Law Should Please Big Hospitals But Not Specialty Healthcare Providers

Narrow judicial interpretations of compliance obligations are usually cause for relief among those bearing compliance costs and the risks of non-compliance.  Then there’s the recent decision on the scope of what constitutes patient “medical information” requiring protection under California’s Confidentiality of Medical Information Act (“CMIA”) in Eisenhower Medical Center v. Superior Court, May 21, 2014 Opinion, California Court of Appeal, Case No. E058378. More…

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Legal Alert, September 2014

Have you considered investing in Latvia? Then you should know that recently substantial amendments have been introduced to the laws of Latvia in relation to investments in real estate and purpose investments related to obtaining temporary residence permit.

With respect to that, the summary prepared by TARK GRUNTE SUTKIENE is aimed at drawing your attention to the amendments to the Immigration Law that enhance requirements for candidates desiring to obtain temporary residence permits in Latvia, and amendments to the Law on Land Privatisation in Rural Areas, which significantly change the terms and conditions for transactions with rural land, especially agricultural land. 

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Slow progress 2014/8/31

Kejun Guo and Chen Jia of Zhong Lun Law Firm look at the latest developments in capital markets, including the reforms to the share offering system

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Restrictive Covenants: Better To Ask And Disclose

When recruiting an executive, or when being recruited, it is best practice for the future employer, the employee and any executive recruiting firm involved in the placement to address head-on the existence of any restrictive covenant limiting the future activities of the employee. The New York State Supreme Court – First Department Appellate Division – yesterday upheld a claim that by not clearly disclosing the existence of a non-solicitation restriction in an executive recruit’s employment agreement, the head hunter involved in the placement could potentially be held liable to the new employer for negligent and/or fraudulent misrepresentation. See Amsterdam Hospitality Group v. Marshall-Alan Associates, Index Number 113685/11 (1st Dep’t Aug. 28, 2014).

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How to prepare for a dawn raid

This article was previously published in Real Business

Size and reputation mean little when an unannounced inspection (or a dawn raid, as they are commonly known) is conducted by a regulatory authority. Often, it will signal the start of protracted proceedings against an organisation, which can cause disruption and distress to the business and individuals alike.

Preparation is key. Whilst it will never be possible to predict if or when a dawn raid will take place, organisations should have a tried and tested plan in place so that informed decisions can be made on how to react.  More…

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