Regions

Income from transfer of a foreign owned intellectual property – is it taxable in India?

Taxability of income arising out of sale and purchase transactions undertaken internationally has been a matter of debate for long in India. Foreign collaborators and investors have been strongly campaigning for clarity on their tax liabilities under Indian tax regulations for transactions undertaken outside the taxable territories of India.

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Data: It Is Lurking Everywhere, Especially in the Shadows

For years, companies have been struggling to understand the multitude of locations where their data resides. From traditional employment files with embedded Social Security numbers, to new-aged hiring software with videos of job applicants, and enterprise software used to facilitate employee communications, controlling employee, customer, and corporate data is, to say the least, a logistical challenge. One of the newest entries into the mix is the increased use of ShadowIT and cloud-based storage systems.

ShadowIT involves workers’ use of unsanctioned products and applications to perform the work of the business enterprise. In other words, ShadowIT occurs when employees use their personal emails and applications, such as a cloud-based storage system, instead of company-approved solutions. According to a recent survey, about one-third of IT use is considered ShadowIT.

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RSS present at the Bonneville Half-Marathon

August 22, 2016 — The 4th edition of the Lachine Bonneville Half-marathon for the benefit of the Montréal Alzheimer Society took place on Sunday, August 21. Four of the firm’s lawyers — Pierre Brossoit, David-Alexandre Genest, Gilbert A. Hourani et Pierre Visockis—  completed the 21-kilometre course.

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OCR Hones in on Smaller HIPAA Breaches

The U.S. Department of Health and Human Services, Office of Civil Rights (“OCR”), the agency tasked with enforcing the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), recently announced that it will redouble its efforts to investigate smaller breaches of Protected Health Information (“PHI”) that affect fewer than five-hundred (500) individuals.

It has been widely known that OCR opens an investigation for every breach affecting more than 500 individuals; this announcement describes OCR’s new initiative to investigate smaller breaches as well.  OCR stated that in determining when it will open an investigation, it will evaluate a number of factors, such as: (1) the size of the breach, (2) whether the PHI was stolen or improperly disposed of, (3) whether an entity reports multiple breaches, (4) whether numerous entities are reporting breaches of a particular type, and (5) whether the breach involved unauthorized access to an IT system.  The announcement also notes that OCR may consider lack of breach reports for a region, suggesting that OCR is interested in investigating the potential of under reporting.

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DECLARATION OF ASSETS UNDER THE LOKPAL ACT – APPLICABILITY TO NGOS’ AND RECENT AMENDMENTS

  1. Introduction:
    • The Lokpal and Lokayuktas Act, 2013 (“Act”) was enacted essentially to provide for the establishment of Lokpal for the Union and Lokayuktas for states, to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto.
    • The Act also requires ‘public servants’ (which includes government employee and office bearers/management of not for profit entities receiving government finance/foreign donations to make certain disclosures of their assets and liabilities as well as that of their spouse and dependent children.
    • The past few months saw the Government receiving numerous representations from various stakeholders raising concerns over the challenges being faced by not for profit entities with respect to the requirement of disclosure of assets and liabilities of officers as well as their spouse/dependent children under the Act.
    • Consequently, the Government amended the Act to substitute the erstwhile provision Section 44 (which had laid down various compliances relating to disclosures of assets/liabilities) to merely specifying that the form and manner of disclosure would be as prescribed by the Government. The deadline for the disclosures was also deferred to December 31,2016.
    • Our discussion below aims at bringing out the various nuances of this much debated requirement of disclosure of assets and liabilities in light of the recent amendments brought in, and the implications thereof particularly on the not-for-profit entities being covered under the Act.
  2. Applicability to NGOs:
    • The erstwhile Section 44 of the Act required a ‘public servant’ to furnish information/declaration/annual returns of assets and liabilities of himself and of his spouse and dependent children in the manner and format prescribed under the Act (and rules notified thereunder). ‘Public servants’ are defined under the Act to inter alia include any person who is or has been a:
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48 Lewis Rice Attorneys Named in Best Lawyers in the America® for 2017

Lewis Rice is pleased to announce that 48 of our attorneys have been named to the 2017 Best Lawyers in America® annual list. We would also like to congratulate Thomas C. Erb, Benjamin A. Lipman, Joseph E. Martineau, Andrew Rothschild, and John C. Hickey on being honored as Best Lawyers’ “Lawyers of the Year” for 2017.

Click here to read about the “Lawyers of the Year.”

Best Lawyers in America® compiles lists of outstanding attorneys by conducting exhaustive peer-review surveys in which more than 36,000 of the nation’s leading lawyers evaluate their professional peers. More…

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SEC Finds Certain Separation Agreement Provisions Unlawful Under Dodd-Frank Whistleblower Rule

Twice in the past two weeks, the Securities and Exchange Commission (“SEC” or “Commission”) issued a cease-and-desist order settling proceedings against companies for using confidentiality and waiver of claims provisions in employee separation or severance agreements that violate an SEC rule promulgated after passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). The rule in question is designed to encourage and allow whistleblowers to freely disclose information to the SEC without impediments and ensure that they are (and remain) entitled to collect monetary incentive awards if the Commission determines that they are eligible for such awards. In both cases, the companies were required, as part of the settlement of claims without admission of liability, to take affirmative remedial actions and pay fines of hundreds of thousands of dollars as the result of fairly typical language in their separation agreements. In addition, the SEC has signaled that not only will it take action in response to separation agreements that may limit an employee’s ability to communicate with the SEC, but also it will oppose attempts by employers to limit an employee’s right to receive whistleblower incentive awards.

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HOWARD & HOWARD CONGRATULATES OUR BEST LAWYERS 2017

Royal Oak, Michigan, August 18, 2016:  Howard & Howard Attorneys PLLC is pleased to announce that twenty-two of our attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2017. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers is based on an exhaustive peer-review survey. Over 52,000 leading attorneys cast more than 5.5 million votes on the legal abilities of other lawyers in their practice areas. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” More…

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Intellectual Property Court clarified the burden of proof in IP recourse dispute

In mid-July Intellectual Property Court reviewed the case No. A41-57417/2014, under the auspices of which the seller of counterfeit goods had claimed damages from the manufacturer of these goods.

The right to claim damages is expressly established in art. 1250 (4) of Russian Civil Code (as amended on October 1, 2014). This provision stipulates that a person or company is entitled to submit a recourse claim if they were obliged to pay compensation for the committed intellectual property infringement in absence of its fault or guilt.

Under the merits of the case, the claimant (Techelectromontazh) was the seller of counterfeit goods manufactured by the respondent (Dekanter).

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USDOL Issues New FLSA and EPPA Posters

E. Jason Tremblay

E. Jason Tremblay

The U.S. Department of Labor (DOL) recently issued slightly revised workplace posters under the Fair Labor Standards Act (FLSA) and the Employee Polygraph Protection Act (EPPA). The new EPPA poster includes updated information regarding civil penalties to employers for violating the Act. The new FLSA poster includes new information regarding worker classification issues, lactation breaks and civil penalties.

All employers governed by these two Acts must immediately post copies of each poster in a conspicuous place in each of their work locations. Luckily, both posters are available online from the DOL website. Therefore, you can simply print off the new copies of the posters and replace your existing two posters. Click to go to the FLSA and EPPA Web pages for a copy of the new posters.

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