Monthly Archives: May 2015

ILN Today Post

Dumped and confused? There are very real risks associated with dealing with goods subject to dumping and countervailing measures

Originally published by Lloyds List Newspaper  – 30 April 2015

As the numbers and size of dumping and countervailing measures have increased here and overseas so has the importance of the expertise to identify and manage the risks associated with those measures. That expertise needs to be held by exporters, importers and their service providers such as freight forwarders and licensed custom brokers as each of them face significant liabilities from transacting with goods subject to the measures. Unfortunately, at the same time that as those liabilities and risks increase, so does the pressure to avoid those measures. There is ample evidence both here and overseas of successful prosecutions of parties who have taken deliberate fraudulent steps to avoid measures.

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ILN Today Post

Standard listings – current trends

Background

A couple of years ago we wrote about Standard listings on the Main Market of the London Stock Exchange (LSE), principally in connection with cash shell or SPAC entities (‘Cash Shells and Standard Listings’). At that time there had been a limited number of such listings, following the deregulation of the UK Listing Authority’s listing regime in April 2010 to allow a broader range of companies (whether overseas or UK companies) to elect to join the Standard segment of the UKLA’s Official List and trade on the Main Market. More…

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Massachusetts Issues Proposed Sick Leave Regulations

As we reported, last November, voters in Massachusetts approved a law granting Massachusetts employees the right to sick leave, starting on July 1, 2015.  The law provides paid sick leave for employers with 11 or more employees and unpaid sick leave for employees with 10 or fewer employees. While the law set forth the basics, many of the details, which have differentiated the various sick leave laws across the country, were not previously specified (e.g., minimum increments of use, frontloading, documentation).  The Massachusetts Attorney General’s Office (“AGO”) has set forth proposed regulations to guide employers in implementing the upcoming sick leave law. Some of the proposed regulations include:

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ILN Today Post

Subject to contract

This article was first published in ‘Solicitors Journal’ on 17 March 2015

A simple phrase is crucial to avoid being unintentionally bound by an agreement in settlement negotiations, explains Sophia Purkis

Settlement negotiations may often be challenging and conducted under pressure. In Bieber v Teathers (in liquidation) [2014] EWHC 4205, the court issued a stark reminder to make sure that offers are made expressly ‘subject to contract’ to avoid the risk of being unintentionally bound by an agreement. The court held in Bieber that a binding settlement of the claims had been reached by an exchange of emails between the parties’ solicitors shortly before trial, notwithstanding that they were subsequently unable to agree a formal settlement agreement. More…

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CSA Publishes Proposed Amendments to Take-Over Bid Requirements

by Andrew Charters

On March 31, 2015, the Canadian Securities Administrators (the “CSA”) published proposed amendments to Multilateral Instrument 62-104 Take-Over Bids and Issuer Bids and National Policy 62 203 Take-Over Bids and Issuer Bids (the “Proposed Amendments”). If adopted, the Proposed Amendments will significantly change Canada’s take-over bid rules.

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Amendments to Disclosure Rules for Venture Issuers

by Nafeesa Valli-Hasham

On June 30, 2015, amendments to various disclosure requirements for venture issuers will come into force. The amendments are intended to make the disclosure requirements for venture issuers more suitable and manageable at their stage of development. The amendments relate to continuous disclosure and governance obligations, and to disclosure for prospectus offerings.

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Regulation A+ A Limited Tool for Fundraising

by Bernard Pinsky

With much fanfare, the Securities and Exchange Commission (“SEC”) in the U.S. announced on March 25, 2015 that it has adopted rules to facilitate smaller companies’ access to capital, as mandated by the JOBS Act. Sums of up to $20 million can be raised in a Tier 1 offering, while up to $50 million can be raised in a Tier 2 offering under the new, updated and expanded Regulation A (“Reg A”), known as Reg A+. As adopted, Reg A+ can be used only by qualified companies that are organized in, and that have their principal place of business in, the United States or Canada.

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