Monthly Archives: August 2012

ILN Today Post

DAVIS MALM ATTORNEYS DRAFT NEW CHAPTER OF THE MASSACHUSETTS GENERAL LAWS

Boston, MA, August 20, 2012 – Davis Malm shareholder William F. Griffin, Jr. and Davis Malm founder Harold R. Davis, now Of Counsel to the firm, were instrumental in drafting a new chapter of the Massachusetts General Laws, which Governor Patrick signed into law on August 7, 2012 as a part of “An Act Relative to Infrastructure Investment, Enhanced Competitiveness and Economic Growth in the Commonwealth.” New Chapter 23L provides municipalities with a local option to approve tax-exempt “special assessment financing” of public infrastructure needed to support private development or to upgrade existing public works facilities. This new financing option has the potential to attract billions of dollars in private investment for local infrastructure without burdening state and municipal budgets.

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NCCP Enhancement Act passed

On 20 August 2012 the Senate passed the Consumer Credit Legislation Amendment (Enhancements) Act 2012, commonly referred to as the NCCP Enhancement Act.

The initiatives contained in the Act commence on different days as specified below.  The key features of the Act are as follows.  A more detailed summary is available here. More…

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Dr. Marek Jeżewski in Dziennik Gazeta Prawna, 20 August 2012

Dziennik Gazeta Prawna asked Dr. Marek Jeżewski to comment on the fact that only ten projects have been submitted to the European Commission under the European Citizens’ Initiative. This is a small number compared with that of the EU’s total population, which exceeds half a billion.

The reason that only ten projects have been submitted is mainly due to the complicated procedures imposed by the EC which can take up to 21 months.

In the article titled “EU effectively filters citizens’ projects”, Dr. Marek Jeżewski states that such complicated procedures have their advantages.

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China Legal Update: Tax Treaty Beneficial Ownership Further Clarified by Chinese Tax Authority

In October 2009, the State Administration of Taxation (“SAT”) of the People’s Republic of China (“PRC”) issued Guoshuihan [2009] No. 601 (“Circular 601”), providing guidance on how to determine who is the beneficial owner (“BO”) of certain China sourced passive income under relevant bi-lateral tax treaties between China and foreign countries. However, issues and disputes have been arising in practice concerning the assessment of BO status during the implementation of Circulation 601. To address these concerns, the SAT recently released Public Notice [2012] No. 30 (“Public Notice 30”) to further clarify the application of Circular 601 and to provide administrative guidelines. Public Notice 30 took effect on June 29, 2012. More…More…

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CALIFORNIA ONE STEP CLOSER TO MANDATING OVERTIME AND MEAL PERIODS FOR PRIVATE HOME HOUSEKEEPERS AND BABYSITTERS

By:  Adam C. Abrahms

Last week Assembly Bill 889 cleared a California State Senate Committee, advancing it one step closer to becoming state law.  The bill, authored by Assemblyman Tom Ammiano (D – San Francisco), seeks to extend most of California’s strict wage and hour regulations to domestic employees working in private homes.  While the bill excludes babysitters under the age of 18, it extends California wage and hour protections to babysitters over the age of 18 as well as any other housekeeper, nanny, caregiver or other domestic worker.

Should the bill become law individual Californians and California families who employ the services of these domestic workers will be required to follow the same overbearing regulations that currently plague California’s small and large businesses.  Specifically, absent the applicability of narrow and limited exceptions, individuals/families using domestic services from babysitting to adult caregiving and transportation to housekeeping will, among other mandates, be required to:

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“Legal Form: How to draft an online privacy policy”

RSS lawyer Daniel Khazzam explains how to draft an online privacy policy.

As individuals become increasingly aware of how little knowledge and control they often have over their personal information online, it is crucial that all businesses, both small and large, provide users of their websites or services with complete and detailed privacy policies.

Read more:
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Merger Control Watch (16) MOFCOM Conditional Clearance on Wal-Mart – Yihaodian Merger

The 5th decision published in 2012 (A total of 16 merger review decisions were published since 2008), and first published case involving an instance of control “by way of contract or via other means” (Article 20(iii) of AML) through reference to the VIE structure More…

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Week of August 13, 2012 on ILNToday – A Roundup

And just like that, we’re halfway through August! I hope everyone who is taking holidays this month is enjoying them, and getting ready to jump right back into the fray come September. As a kid, I loved school, so September is always my favorite month!

Without further ado, here are this week’s top posts from ILNToday – despite this being a traditionally slow month, we’re seeing some stellar content from our attorneys:

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ILN Today Post

Overseas Investment in Crafar farm deal supported by Court of Appeal

The New Zealand Court of Appeal this morning released its much awaited decision in relation to the lastest challenge to Chinese company Shanghai Pengxin purchasing the Crafar farms.

It was accepted that Mr Zhaobai Jiang,  the principal shareholder, is a highly successful businessman with significant business experience.  The issue was his lack of dairy farming experience.  Dimissing the appeal, the Court found that the “investor test” had been met on the basis that Shanghai Pengxin was entitled to enter into arrangements with parties who had the lacked industry-specific experience in order to demonstrate that it in turn had the necessary experience to successfully promote the investment. More…

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Internet Business Activities–Are They Now the Bull’s-Eye for ADA Public Accommodation Lawsuits?

by Frank C. Morris, Jr.

Two recent decisions involving Netflix again raise the question of whether all online business activities are covered by the public accommodation requirements of Title III of the Americans with Disabilities Act (“ADA”) or whether a “bricks and mortar” presence is required to invoke ADA protections. In late June, in National Association of the Deaf v. Netflix, Judge Ponson of the U.S. District Court in Massachusetts denied Netflix’s motion for judgment on the pleadings that challenged the application of the ADA to its video streaming website. The court found that, despite the absence of a bricks-and-mortar business, the ADA’s requirement to provide goods and services accessible to the disabled still applied. Netflix has asked Judge Ponson to permit an immediate appeal of his ruling that the ADA applies to closed-captioning on Internet-supplied videos.

Read the full advisory online

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