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Mayer Brown Publications
Europe—General Court Confirms Obligation to Prove Significant Benefit Over All Authorized Medicinal Products, Including Those Authorized After the Submission of the Marketing Authorization Application for the Future (Orphan) Product
On December 5, 2018, the General Court ruled in favor of the European Commission in a case brought by Bristol-Myers Squibb Pharma (BMS) against the Commission and the European Medicines Agency.
Kategorien: Nachrichten der Wirtschaftskanzleien
New “Prague Rules” on the taking of evidence will be released next week
The Prague Rules, also referred to as “Inquisitorial Rules on the Taking of Evidence in International Arbitration,” will be officially launched on 14 December 2018 in Prague. These rules are intended to constitute a tool available to parties and arbitral tribunals to increase efficiency in international arbitration and to reduce costs.
The Prague Rules can be applied by arbitral tribunals as a binding document or be used as guidelines. Parties and arbitrators can also agree or decide to select or modify the elements they wish to apply.
The Prague Rules can be applied by arbitral tribunals as a binding document or be used as guidelines. Parties and arbitrators can also agree or decide to select or modify the elements they wish to apply.
Kategorien: Nachrichten der Wirtschaftskanzleien
English High Court applies dominant purpose test for litigation privilege to expert reports
Following the recent decision by the English Court of Appeal in SFO v ENRC (subject of this Legal Update) in relation to principles governing litigation privilege, the English High Court last week handed down a decision in Sotheby's v Weiss and others [2018] EWHC 3179 in which the "dominant purpose" test was applied to determine whether litigation privilege attached to certain correspondence passing between Sotheby's (the auction house and art dealer) and art experts regarding reports prepared in the context of an art dispute.
Kategorien: Nachrichten der Wirtschaftskanzleien
Taxation of the Digital Economy: Status of the Quick Fix
As we reported in a "digital economy" update earlier this year, digital taxation has been raising many debates at both the OECD and the EU levels.
Kategorien: Nachrichten der Wirtschaftskanzleien
A self-employed delivery rider working for an online platform may be considered to be an employee
In a recent decision, the Cour de cassation (the French civil and criminal Supreme Court) has ruled that a delivery rider using the services of an online platform and an app ("Take Eat Easy"), which connects restaurants, clients ordering food, and delivery riders, may be considered to be an employee of such a platform despite having self-employed status.
Kategorien: Nachrichten der Wirtschaftskanzleien
Increased burden on German employers
Employment & Benefits lawyer Pauline Moritz (Frankfurt) examines the additional contribution to health insurance employers are facing as of January 2019.
Kategorien: Nachrichten der Wirtschaftskanzleien
The Pensions Brief
Please see the latest issue of The Pensions Brief.
Kategorien: Nachrichten der Wirtschaftskanzleien
EDPB's new draft guidelines on the territorial scope of the GDPR
The European General Data Protection Regulation ("GDPR"), which came into force over six months ago, illustrates a significant evolution in European data protection law marked by the extension of territorial scope.
Kategorien: Nachrichten der Wirtschaftskanzleien
The In-State Corporation’s Solution to "Expedia" Apportionment
Mayer Brown lawyers discuss New York’s “other reasonable method” for apportioning receipts and the opportunity it may provide for certain in-state taxpayers to reduce their New York apportionment percentages, even in light of some prior administrative law judge decisions holding that cost of performance is the only available method.
Kategorien: Nachrichten der Wirtschaftskanzleien
SEC Expands Safe Harbor to Promote Research on Investment Funds
On November 30, 2018, the Securities and Exchange Commission (the “Commission”) adopted a new rule establishing a non-exclusive research report safe harbor (“Rule 139b”) for unaffiliated brokers or dealers that publish or distribute research reports regarding qualifying investment funds. The Commission took this action in furtherance of the mandate of the Fair Access to Investment Research Act of 2017 (the “FAIR Act”). The FAIR Act required that the Commission expand the Rule 139 safe harbor for research reports in order to cover research reports on investment funds.
Kategorien: Nachrichten der Wirtschaftskanzleien
GDPR fines - lessons from competition law
Although the EU General Data Protecvtion Regularion (the "GDPR") entered into force on 25 May 2018, and the obligations under the GDPR have since taken effect, there remain significant uncertainties as regards enforcement.
Kategorien: Nachrichten der Wirtschaftskanzleien
Applications to refuse enforcement of arbitration awards: lessons learnt from <i>Eastern European Engineering v Vijay Construction</i>
This case relates to a dispute between two Seychellois companies, Eastern European Engineering Ltd (“EEEL”) and Vijay Construction (Proprietary) Ltd (“VCL”), arising out of the construction of a hotel complex.
Kategorien: Nachrichten der Wirtschaftskanzleien
Brazil: CADE Approves Compliance and Integrity Program
On November 30, 2018, the Administrative Council for Economic Defense (“CADE”) published the agency's Compliance and Integrity Program*, which sets out measures to prevent, detect and remedy institutional risks.
Kategorien: Nachrichten der Wirtschaftskanzleien
Mulvaney’s BCFP One Year Later: Change and Continuity
Just one year ago, as you were contemplating what to do with your leftover Thanksgiving turkey, a storm was brewing at the agency formerly known as the Consumer Financial Protection Bureau.
Kategorien: Nachrichten der Wirtschaftskanzleien
Podcast: Episode 143 - The View from Mayer Brown
Nick looks at the subject of non-disclosure clauses in contracts of employment and settlement agreement. Are they enforceable and should they still be included by employers after the concerns expressed about their misuse?
Kategorien: Nachrichten der Wirtschaftskanzleien