Does the recent High Court decision in Butler-Sloss and Others -v- The Charity Commission and the Attorney General change the law on how charity trustees should approach investing their funds? The short answer is “no”. The decision is a reinterpretation of the 30-year-old decision in the Bishop of Oxford case for our modern world and a reinstatement of the fundamental duty of charity trustees to act in the best interests of their charities’ purposes ...
Mayuree Sapsutthiporn, Partner and Head of China Practice of Kudun and Partners, and Wu Xiaomin, Manager of China Practice, were invited as guest speakers to share their insights on the “Main Legal Issues And Risks Chinese Enterprises Need To Be Aware of When Doing Business In Thailand” held by China Council for the Promotion of International Trade (“CCPIT”), and other related organizations ...
Are you feeling lucky? Hungary set to liberalise the online sports betting market Hungarians fancying a flutter on their local football team winning the next game can only (legally) indulge in doing so through a state-owned monopolist. This is about to change, however, as Hungary is set to liberalise its online sports betting market providing opportunity for EU gaming operators ...
Prior to the entry into force of the FDI Screening Regulation on 11 October 2020, there was no EU-wide formalized cooperation among the Member States and the European Commission on these matters. In the EU, the European Commission’s strong expectation is that all 27 EU Member States will put national FDI screening mechanisms in place. A national screening mechanism in all 27 Member States serves to safeguard all individual Member States against potentially risky foreign investments ...
On May 24, 2022, Schwabe and Columbia Bank hosted the “Getting Ahead of Agriculture's Rising Wages and Tightening Labor Market” seminar to assist those working in Oregon’s agricultural industry to address concerns over rising wages and the tight labor market. Attendees heard from a group of industry professionals on a selection of relevant topics. The seminar was informative, engaging, and a big success ...
Troy Schooneman, partner and head of Kudun and Partners’ International Practice was invited to be a panelist at the World Services Group(WSG)’s Asia Pacific Region Discussion on Offshore Law Regime, a collaborative online seminar organized by the World Services Group (WSG) together with Kudun and Partners, an award-winning independent law firm in Thailand; Carey Olsen, a leading offshore law firm advising on Bermuda, British Virgin Islands, Cayman Islands, Guernsey and Jersey law, an
Many companies have a keen interest in recycling and upcycling old products for resale, both for environmental and promotional purposes. But when those products contain third-party intellectual property, there can be trademark and copyright concerns. Dinsmore intellectual property partner Karen Gaunt wrote about this topic for Best Lawyers' Women in Law issue, out this month. Gaunt herself has been named a Best Lawyer multiple times since 2013. An excerpt of the article is below ...
1. Introduction After a long consultation period, the European Commission recently published the new Block Exemption Regulation for Vertical Agreements (Regulation (EU) 2022/720 "VBER"). The regulation will enter into force on 1 June 2022. New Guidelines on vertical restraints ("Guidelines") will accompany the new VBER. Both replace the previous set of rules from 2010 ...
Bob McIntosh, the Tenant Farming Commissioner, has published a blog on the Scottish Land Commission website about the powers that the commissioner has to investigate alleged breaches of codes of practice. It seemed to me that the headline was slightly misleading. It stated boldly “Tenant farmers encouraged to notify the TFC of alleged code breaches” but of course landlords and tenants have duties under the codes and either party is entitled to complain ...
Prescription (Scotland) Act 2018 Prescription is the rule of law in Scotland that extinguishes certain rights and obligations after a period of time. This includes a right to recover damages for breach of contract. In Scotland, a contractual claim prescribes after five years; therefore formal proceedings, either court or arbitration, must be raised and served in order to stop the five-year period running. On 1 June 2022, important changes to prescription become law in Scotland ...
On 24 May 2022, the Port Authority of the Ministry of Transport and Communications (“MOTC”) under the State Administration Council (“SAC”) of Myanmar issued an invitation for bids to be submitted to conduct a feasibility study for the construction of a new international port terminal (“Project”) in Mawlamyine district of Mon State on the western coast of Myanmar’s southeastern peninsula ...
InvitationDear Ladies and Gentlemen,ALRUD Law Firm is honored to invite you to participate in our webinar:Foreign Business in Russia: What to Do and How to Mitigate Your Risks?The initial shock has passed, and the time has come to summarise the new legal regime as it pertains to your foreign business in Russia. In recent months, we have been assisting numerous foreign clients from different industries in developing and implementing solutions concerning their foreign business in Russia ...
Article PDF By David Longinotti and Candra Jackson Practical Insights--> Non-Disclosure Agreements, or NDAs, are intended and designed to assure the confidentiality of shared proprietary information. Confidential information disclosed without an NDA in place raises the risk of misappropriation. This risk is especially heightened when dealing with foreign counterparties given the legal and practical challenges of enforcing rights against them ...
On April 29, 2022, the National Information Security Standardization Technical Committee issued for public comments a draft of the Technical Specifications for the Certification of Personal Information Cross-border Processing (the “Draft Specifications”) ...
The Ministry of Energy (“MOE”) under the State Administration Council (“SAC”) of Myanmar has issued two invitations for sealed bids to be submitted to function as: an operator and shareholder in the Yetagun Project (“Yetagun Project”) in the Moattama Offshore Area Blocks on a production-sharing contract basis (“PSC”); and a petroleum operator for the Htaukshabin-Kanni Oil Field (“HK Oil Field”) onshore oil fields on Improved
There has been concern within the agricultural industry for some time the race to achieve carbon net-zero is leading to the loss of productive agricultural land to forestry purchasers. Another perceived threat is from investors, both private and institutional, looking to invest in natural carbon, for example, by way of peatland restoration and rewilding projects ...
On April 12, 2022, Law No. 21,440 was published in the Official Gazette, which modifies Law Decree No. 3,063 (Municipal Income Law), creating a new regime applicable to donations in favor of non-profit legal entities, which contemplates certain tax benefits. This new regime will be complementary to those contained in special regulations regarding donations ...
There is concern the race to achieve carbon net-zero is leading to the loss of productive agricultural land to forestry. Investors recognise land with planting potential as an excellent investment, which has had a distorting effect on land values. To some extent, this is simply the operation of market forces. A landowner with an unprofitable farming business may well be tempted to sell land to a forestry investor and there are no restrictions on their ability to do so ...
As much of Oregon faces another year of drought, water experts say farmers and ranchers should be aware of all the tools available to them under the state's water rights laws. At a seminar Tuesday, Elizabeth Howard, Oregon water law attorney, and Lindsay Thane, natural resources attorney, both of Schwabe, Williamson & Wyatt, spoke about nine tools for farmers through the state Water Resources Department, or OWRD ...
Agricultural and rural settings present significant health and safety risks, which must be carefully managed and mitigated by employers and landowners operating in the sector. This was brought into sharp focus after two fatalities led to prosecutions following investigations by The Health and Safety Executive (HSE). Prosecution one In February, a farmer was prosecuted after a tragic fatal incident on farmland in Leeds ...
The establishment by the Scottish Government of a food security task force is a necessary and timely response to the war in Ukraine. In addition to the harrowing humanitarian crisis, the conflict has prompted significant concern among food producers. The UK food sector and consumers are currently facing a perfect storm just as we begin to emerge from the pandemic ...
Investors were awarded compensation under a bilateral investment treaty, but under EU law, payment of the award constitutes unlawful State aid. This Catch-22 situation is at the heart of a long-running case across jurisdictions. In the latest development, the European Commission has decided to refer the United Kingdom to the European Court of Justice in relation to a judgement of the UK’s Supreme Court to lift the stay of enforcement of an ICSID arbitration award against Romania ...
