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International Lawyers Network

The International Lawyers Network (ILN) is a leading association of 91 high-quality, full-service independent law firms.

Since 1988, the ILN has helped its members keep pace with today’s global economy, through access to the tremendous strength and depth of the combined expertise of 5,000 lawyers in 66 countries on six continents.

ILN member firms are among the most respected and most experienced counsel in their jurisdictions. Clients’ increasing need for reliable foreign counsel is well-met by the personalized, high-quality and cost-effective legal services provided by ILN member firms. Unique to the ILN are the strong personal and professional relationships among its members and their clients developed over the past 30 years. Far from a mere directory, the ILN is an affiliation of lawyers who gather on a regional and worldwide basis annually and work routinely with each other to address client requirements and needs.

Each of the ILN’s member firms is international in outlook and staffed by highly trained senior attorneys, who are experts in a broad range of practice areas. ILN members have demonstrated experience in working successfully with international companies. They are independent, mid-sized firms within their jurisdictions, and are committed to the focus of the International Lawyers Network, admitted to the Network only after a rigorous application process. The ILN provides clients with high-quality service from experienced local counsel who work in firms that maintain excellent reputations in their own countries. This means that clients have immediate access to attorneys who are native, both linguistically and culturally, to the country of interest.

The ILN’s international directory app is available for iPhone, Android and BlackBerry smartphones. To access the app, click here or log on to ILNmobile.com from your smartphone.

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Two Year Limitation Period Applies to Foreign Judgments

In the recent case of Independence Plaza One Associates, LLC v. Figliolini 2017 ONCA44, the Ontario Court of Appeal confirmed that:

  1. a two-year limitation period applies to a proceeding on a foreign judgment; and
  2. the limitation period begins to run, at the earliest, when the time to appeal the foreign judgment has expired or, if an appeal is taken, the date of the appeal decision.
The court held that the time may be longer if the claim was not “discovered” within the meaning of section 5 of the Limitations Act, 2002 (“Limitations Act”) until a date later than the appeal decision.
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Former employees must arbitrate ADEA claims on individual basis

In June 2012, General Mills announced it was terminating about 850 employees. General Mills offered them severance packages in exchange for signing release agreements. By the agreements’ terms, employees released General Mills from all claims relating to their terminations—including, specifically, ADEA claims. The agreements also stated that claims covered by the agreements would be individually arbitrated:

[I]n the event there is any dispute or claim arising out of or relating to the above release of claims, including, without limitation, any dispute about the validity or enforceability of the release or the assertion of any claim covered by the release, all such disputes or claims will be resolved exclusively through a final and binding arbitration on an individual basis and not in any form of class, collective, or representative proceeding.
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Greek TV stations licensing Odyssey

It is undeniable that the relation of the Greek state with the television stations has always been turbulent, and the legal status regarding these stations has always been uncertain.

Law 1866/1989 regulated for the first time the grant of a license for the establishment and operation of non-state stations, but without a tender procedure. This Law also established the National Radio and Television Council (NRTC) which was assigned responsibilities such as the supervision of television stations. Thus, the first licenses were granted, but without signing the legally required agreement for the completion of the license and as a result the television stations have never operated with total legitimacy. In the following years new laws provided that for the issuance of licenses of private television stations an invitation to tender is necessary and that the existing licenses would still apply until the tender procedure. Laws followed that set deadlines for the issuance of the invitation to tender and for the grant of licenses, which were constantly extended by subsequent laws, with the latest date set for the grant of licenses being Dec. 31, 2015.

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Which is the future for movement trademarks in Europe? A work in progress…

miguel-salgado-160276EU Regulation no. 2015/2424, entered into force on March 23, 2016, introduced a number of changes to the European trademark regime.

Among them, the amended regulation provides for the abolition of the graphic representation requirement. This implies that, as of October 1, 2017, signs may be represented in any suitable form, using the available technology, provided that the representation is clear, precise, autonomous, easily accessible, intelligible, durable and objective.

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Veteran Transactional Lawyer J. Thomas Cookson Joins Shutts & Bowen LLP

Shutts & Bowen LLP announces that J. Thomas Cookson has joined the firm’s Miami office as a Partner in its Corporate Practice Group.

Mr. Cookson concentrates his practice in structuring and negotiating complex business transactions, mergers and acquisitions, leveraged buyouts, recapitalizations, debt and equity financings, and securities offerings.

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Argentina and Mexico enter into a Double Taxation Treaty (DTT)

Argentina and Mexico have entered into a Double Taxation Treaty (DTT). Entry into force is yet pending. We estimate that the provisions of the agreement shall have effect as from fiscal year beginning on January 1st, 2018.

Some relevant provisions applicable to intercompany transactions are as follows:

1) Interests: Withholding tax may not exceed 12% (reduced from 35% Argentine withholding tax rate).

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List of Holiday-Related Trade Secret/Non-Compete Cases

trgvhbsuf40-srikanta-h-uWhether you are a young child missing teeth, or a grown-up taking account of her life, or Santa Claus himself checking up on everyone else’s life, many of us make lists at holiday time.  They can be lists of gifts we want, or those we need to get, or people we wish to see or write to, or things we need or want to do before the end of the year.  Sometimes they are just lists of things that happened this year or that we want to happen next year.  Certainly there are lots of “Top Ten” holiday lists.  This one may be neither an exception nor exceptional, but here is a “Top Ten List of Holiday-Related Trade Secret/Non-Compete Cases”:

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IS YOUR TRADEMARK MERELY DESCRIPTIVE?

photo-1466921583968-f07aa80c526eIn the United States, a trademark can be refused registration on the Principal Register because the trademark is deemed merely descriptive.  If the trademark is not allowed for registration on the Principal Register, it may be eligible for registration on the Supplemental Register.  So, how do you determine if your mark is descriptive and which register should you seek registration?

The main register for most trademarks in the United States is what is called the “Principal Register”.  A trademark that is registered on the Principal Register has certain advantages including using the registration symbol ®, protection against registration of a confusingly similar mark (likelihood of confusion), presumed notice to the public of a claim of ownership of the mark, a legal presumption of ownership of the mark and the exclusive right to use the mark in commerce on or in connection with the goods/services listed in the registration, establishing a date of constructive use of the mark as of the filing date of the application, filing suit in federal court to bring an action concerning infringement, preventing importation of infringing foreign goods by filing the registration with the U.S. Customs and Border Protection, incontestability of the registration, and using the registration as a basis to obtain registration in foreign countries.

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USCIS Policy for EB-5 Redeployment and “At-Risk” Issues Discussed at IIUSA Conference

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

At the October 2016 IIUSA Conference, I was on a distinguished panel of practitioners discussing the topic of redeployment issues. The panel focused on the current USCIS Guidelines that sets forth the concept of “at risk,” which is pursuant to the draft policy statement issued on August 10, 2015 and was discussed at both the August 13, 2015 and July 28, 2016 USCIS Stakeholder’s meetings.

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