Date Title Group Language 9/10/2008 China's contaminated milk – product recall and other legal implications General English China’s contaminated milk scandal will have far-reaching implications for companies involved in food production in that country. (October 2008)
9/10/2008 The ‘expansive approach’ to freedom of information – are the courts reining it in? Dispute Resolution English Some broad themes have emerged from decisions on Freedom of Information Act (FOIA) cases, particularly decisions of the Information Tribunal. Generally speaking, the Tribunal can be said to have favoured an expansive application
of the regime. One manifestation of this, and this article’s focus, is the extent to which confidential information is protected. (October 2008)
8/10/2008 Conflicts of interest: The Pensions Regulator's guidance Employment, pensions and benefits English This briefing provides an overview of the key messages contained in the conflicts of interest guidance issued by the Pensions Regulator on 1 October 2008. (October 2008)
8/10/2008 Dispute Resolution; Tax English Transfer pricing is probably the single biggest tax issue facing multinational businesses. Tax administrations have become more innovative and aggressive in challenging cross-border transfer pricing and profit attribution. Each tax administration wants to secure what it considers to be its ‘fair share’ of taxable income. However, the administrations act in a relatively unco-ordinated way – it is rare to find a
co-ordinated approach that matches transfer pricing adjustments in one jurisdiction
with corresponding adjustments in another. This leaves businesses exposed to parallel investigations and potential double taxation charges. This publication explains the challenges that international businesses face in transfer pricing enquiries in some of the key jurisdictions in which we operate. It also
outlines other ‘hot topics’ in the field of tax disputes in each of our key jurisdictions. (October 2008)
3/10/2008 Financial assistance Finance; Corporate English Until 30 September 2008, there was a total prohibition on Italian limited liability entities (both SpAs and Srls) providing any financial support in connection with the purchase or subscription of their own shares by any third party (the so-called ‘financial assistance prohibition’).
New provisions implementing the EU Directive on the formation of public limited liability companies and the maintenance and alteration of their capital were enacted by Legislative Decree No. 142 of 15 September 2008, which, in certain circumstances, allow Italian SpAs to provide financial assistance. (October 2008)
29/9/2008 Damages claims in the UK Competition Appeal Tribunal Antitrust, competition and trade English The time limit for bringing damages claims before the UK Competition Appeal Tribunal does not start to run until all appeals against the underlying infringement decision have been determined. This applies whether the appeal is against the substance of the infringement decision or merely against the level of the fine imposed. It also applies to damages claims against all addressees of the infringement decision, even if they have not all filed appeals. (September 2008)
29/9/2008 New Labour Contract Law Implementation Rules Employment, pensions and benefits English The State Council of the People’s Republic of China (PRC) has published the PRC Labour Contract Law Implementation Rules. They clarify certain ambiguities in the Labour Contract Law but do not bring about any major changes – the message is that, for now, the PRC government is comfortable with the general approach to labour
regulation under the Labour Contract Law. This briefing outlines the Implementation Rules’ measures and highlights some areas of ambiguity that remain unresolved. (September 2008)
22/9/2008 The draft Payment Services Regulations 2008 Financial institutions English The government has published for consultation the draft Payment Services Regulations 2008, which will implement the Payment Services Directive in the UK. The UK is proposing to adopt a copy-out approach to implementation of the Directive, which makes it all the more important for the industry to take the opportunity to engage with Treasury to try and resolve the issues inherent in the Directive. However, as for the most part the Directive is a maximum harmonisation directive, there is no doubt that, despite the UK’s best efforts to clarify those issues, the industry will be left with some interesting challenges in complying
with the Regulations. This briefing is
intended to guide readers through some of
those challenges. (September 2008)
22/9/2008 Variable annuities to take off in Hong Kong Corporate English As Asia’s population becomes older and wealthier, people are increasingly reliant on access to market returns to help them keep pace with inflation and to protect their lifestyles. Variable annuities more successfully meet this need than do traditional insurance products. This briefing explains what variable annuities are, why they are likely to be increasingly popular in Hong Kong and how insurers can reduce the risks involved. (September 2008)
18/9/2008 ECJ ruling on pharmaceuticals supply restrictions Antitrust, competition and trade English The European Court of Justice has indicated limits that dominant companies must observe when taking measures to restrict parallel trade. The judgment provides important guidance to the pharmaceuticals sector and emphasises the continuing importance of the single market integration aim in the interpretation of EU
competition law. (September 2008)
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