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Thought leadership. We publish updates, articles and papers on business and legal issues relevant to our clients and contacts. Visitors can sign up here to receive notices about topics of interest.
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Legal Update
20 August 2014
Mayer Brown JSM Legal Update
In this legal update, we revisit the judgment of the Hong Kong Court of Final Appeal in the case of Chung Yuen Yee v. Sam Woo Bore Pile Foundation Limited and consider the risks associated with contingency staffing.
Legal Update
20 August 2014
Mayer Brown JSM Legal Update
The maritime industry has traditionally favoured arbitration as a method of dispute resolution. Disputes under charterparties, shipbuilding contracts, ship management and sale & purchase agreements will typically be subject to arbitration. Given the international character of shipping, obtaining financial security for arbitration claims through the arrest of ships has always been of vital importance.
Legal Update
August 2014
Mayer Brown Legal Update
We are pleased to present the August 2014 edition of our Trustee Quarterly Review.
Legal Update
18 August 2014
Mayer Brown Legal Update
In Fresenius Medical Care Holdings, the US Court of Appeals for the First Circuit held that taxpayers can meet their burden of proving that a government settlement was compensatory—and thus deductible—with evidence beyond the settlement’s terms. Thus, if the settlement agreement does not address tax treatment, the trial court is to look to the “economic realities of the transaction.” Fresenius provides several important lessons for taxpayers settling disputes with the government.
Article
18 August 2014
The US Department of Justice (DOJ) has decided not to defend a denial of disability benefits for a former New York police officer and has instead asked the US Court of Appeals to remand the case back to the Bureau of Justice Assistance (BJA) for further consideration.
Legal Update
14 August 2014
Mayer Brown JSM Legal Update
The Contracts (Rights of Third Parties) Bill (the “Bill”) has been introduced to the Legislative Council. If passed, Hong Kong will join a number of common law jurisdictions in reforming the age-old common law doctrine of “privity of contract”.
Legal Update
13 August 2014
Mayer Brown Legal Update
The Appellate Body of the World Trade Organization (WTO) has affirmed a WTO dispute settlement panel’s March 2014 finding that China’s export restraints on rare earths, tungsten, and molybdenum are inconsistent with China’s WTO obligations.
Legal Update
13 August 2014
Mayer Brown Legal Update
This legal update addresses the main features of the Hydrocarbons Law and the Hydrocarbons Revenues Law, which became effective on August 12, 2014. The Hydrocarbons Law and the Hydrocarbons Revenues Law are part of a set of new laws to implement the constitutional energy reform that became effective on December 21, 2013.
Legal Update
13 August 2014
Mayer Brown Legal Update
A new law (the “Electricity Law”) opening the electric industry to private sector participation in generation, transmission, distribution and power marketing activities became effective on August 12, 2014. The Electricity Law is part of a set of new laws to implement the constitutional energy reform that became effective on December 21, 2013. This legal update addresses the main features of  the new Electricity Law.
Legal Update
August 2014
Mayer Brown Legal Update
In this issue, we discuss insurance regulatory developments in certain key jurisdictions around the world.
Brochure
August 2014
Mayer Brown JSM provides a highly experienced team of focused intellectual property (IP) practitioners who have practised in Hong Kong and the broader Asian region for many years. We offer a solid appreciation of local and international intellectual property developments when dealing with our clients’ business needs. Through our global network and contacts, we are dedicated to providing cost-effective legal solutions and brand building strategies for local and foreign businesses.
Article
11 August 2014
By now, businesses with an interest in data security are aware of FTC v. Wyndham Worldwide Corp., in which a US District Court of New Jersey held that the Federal Trade Commission (FTC) can bring enforcement actions for perceived data-security violations without first issuing guidance or standards. But observers may be less familiar with LabMD, a Georgia-based medical laboratory, which has waged its own challenge against the FTC for the better part of four years.
Legal Update
August 2014
Mayer Brown Legal Update
The High Court has rejected the argument that amounts owing to British Gas Trading Ltd (BGT) under post-administration, deemed contracts for the provision of gas and electricity are automatically classed as expenses of the administration. The court has reserved for consideration, however, whether and if so how an administrator’s conduct may give the liability super priority or bring the salvage principle into play.
Legal Update
8 August 2014
Mayer Brown Legal Update
The US Internal Revenue Service (the IRS) has released Notice 2014-46 (the Notice), which provides further clarification about how a taxpayer can satisfy the requirement that construction of a renewable energy project began before January 1, 2014. The Notice, released on August 8, 2014, is welcome news for the renewable energy industry, which has been anxiously awaiting further guidance with respect to two aspects of the so-called “begin construction” requirement. The Notice addresses those two aspects and modifies a third aspect of the requirement.
Legal Update
8 August 2014
Tauil & Chequer Legal Update
On August 1st, 2014, the Brazilian Revenue Services and Office of Attorney-General of the National Treasury enacted the Joint Administrative Ruling PGFN/RFB No. 13/2014, which regulates the application of the Tax Debt Installment Program provided for by Law No. 11.941/2009, as amended by Law No 12.996/2014 and Provisional Measure No. 651/2014.
Legal Update
7 August 2014
Tauil & Chequer Legal Update
The Brazilian National Agency of Petroleum, Natural Gas and Biofuels (“ANP”) enacted on July 31st 2014 the Resolution ANP 39/2014, which regulates the procedures to be adopted in bidding rounds for construction, expansion and operation of natural gas transportation pipelines under concession contracts.
Legal Update
6 August 2014
Mayer Brown Legal Update
The New York State Department of Financial Services (the “NYSDFS”) has released a proposed regulatory framework (the “Proposed Rules”) for New York virtual currency businesses.
Article
6 August 2014
On July 22nd and 23rd, we held our annual Fund Finance Mid-Year Market Update Panels, this year in Los Angeles and San Francisco (the “Market Updates”). Based on our experiences and the views expressed by the panelists at the Market Updates, capital call subscription credit facilities have continued their positive credit performance and growth momentum in the first half of 2014.
Article
6 August 2014
A subscription credit facility, also frequently referred to as a capital call facility, is a loan made by a bank or other credit institution to a private equity fund.
Article
6 August 2014
Over the last ten years, there has been a steady trend transition from defined benefit plans to defined contribution plans.
Newsletter
6 August 2014
Mayer Brown Newsletter
In this Summer 2014 edition of our Fund Finance Market Review, we discuss some of the more noteworthy trends impacting the subscription credit facility and fund finance markets, including our views of the challenges and opportunities created by an increasingly prominent regulatory framework.
Article
6 August 2014
On December 10, 2013, the federal financial agencies approved joint final regulations implementing section 619 of the Dodd-Frank Act, commonly referred to as the Volcker Rule.
Brochure
6 August 2014
Since the Civil Justice Reform in April 2009, the legal landscape in Hong Kong has changed and mediation has been gaining increasing significance as a dispute resolution technique alongside the traditional processes of litigation and arbitration. As one of the leading Litigation and Dispute Resolution practices, Mayer Brown JSM has a highly experienced team of lawyers who have received mediation training and are accredited mediators in Hong Kong. With a litigation practice that extends over a wide range of industries and areas, our dedicated lawyers will provide innovative negotiation tactics and solutions tailored to our clients’ commercial objectives.
Legal Update
5. August 2014
Sanierungsprivileg für Verlustnutzung bei Körperschaften europarechtswidrig
Mayer Brown Legal Update
Der EuGH hat mit Beschluss vom 3. Juli 2014 die vorhergehende Entscheidung des EuG bestätigt, so dass die Bundesrepublik Deutschland mit ihrer Nichtigkeitsklage gegen den Beschluss der EU-Kommission, mit dem die Sanierungsklausel gem. § 8c Abs. 1a KStG wegen eines Verstoßes gegen das Beihilfenrecht der EU für rechtswidrig erklärt wurde, endgültig gescheitert ist.
Legal Update
5 August 2014
Mayer Brown JSM Legal Update
On 15 July 2014, the State Administration of Foreign Exchange (SAFE) issued the Circular of the SAFE on Relevant Issues Concerning the Pilot Reform in Certain Areas of the Administrative Method of the Conversion of Foreign Exchange Funds by Foreign-invested Enterprises (“Circular 36”), which came into effect on 4 August 2014. Circular 36 provides greater flexibility to foreign-invested enterprises (FIEs) in certain locations in China in converting foreign exchange in their capital account into RMB, and in particular it lifts the restriction on an FIE’s onshore equity investments with funds from their capital account.

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