2017 Fall Business Edition

In this issue: 35 authors from around the world, viewpoints on the Paris Climate Agreement, and the potential legal issues and challenges that augmented and virtual reality may cause as technology continues to advance.

The Best Lawyers Business Edition highlights current events, business, and legal trends on a global scale. Listed lawyers offer their professional feedback on progressions within their practice areas relative to their specific location.

Cover Story

As these technologies develop and their use becomes more widespread, attorneys expect to encounter novel legal challenges.

Virtual Worlds: A Legal Wild West

Tam Harbert

As these technologies develop and their use becomes more widespread, attorneys expect to encounter novel legal challenges.

Spotlight

The Burden of Substantiation and Proof in Continental European Civil Procedure and the Taking of Evidence in International Arbitration

Dr. Wolfgang Kühn and Katharina Walter

Civil procedures in Germany are governed by the principles of factual substantiation and burden of proof.

Claims for Antitrust Damages

Bernt Elsner and Molly Kos

The Austrian Cartel Amendment Act (Kartell- und Wettbewerbsrechts-Änderungsgesetz) 2017 might be put up for its first high-class practicability test sooner than expected.

Austrian Stock Exchange Amendment Act 2018

Albert Birkner

Until the law enters into force in 2018, stock companies will continue to be unable to voluntarily delist from the stock market and are compelled to find other ways to do so.

Taylor English Duma Sees Immense Success through Its Remote Lawyers

Nicole Ortiz

Founding partner in Taylor English Duma sees success with remote lawyer program.

Recent Developments on Privacy and Data Protection in Brazil

Ricardo Barretto Ferreira da Silva and Camila Taliberti Ribeiro da Silva

A change of paradigm is urgent and requires a robust legislation on personal data protection.

The Incredible Improvement in the Business Environment in Brazil in the Last 10 Years

José Vinícius Bicalho Costa, Jr.

Often we come across statements about the complex business environment in Brazil—questions about the difficulties of starting a business, the slowness of the judiciary, and the legal aspects of tax, labor, and business.

Related-Party Transactions in Chile

Roberto Guerrero V. and Tomás Kubick

A significant change in law and practice.

Registry of Shareholders in Costa Rica

Rafael Quirós

The objective is to identify the “final or effective beneficiary,” defined as a natural person who exercises substantive influence or direct or indirect control, to the legal vehicle taxable because it has the majority of the voting rights and therefore voice and decision in the entity.

New Greek Copyright Law

Kriton Metaxopoulos

The procedure applies only to infringements committed by users who make available to the public and upload content or works for which they do not own/control the copyrights. However, it does not apply to infringements committed by end users by downloading, peer to peer file sharing, streaming, or cloud computing.

Centro Mexicano Pro Bono, A.C.

Ivette Montero and Paulina Bojalil

Among other important features, ProBono.MX encourages pro bono work by defining a policy for each law firm, according to its areas of expertise, preferred social causes, and by filtrating cases through a scrupulous study in which they verify the vulnerability of the beneficiary and if pro bono work is needed.

Tax Saving Opportunities under Puerto Rico Incentives

Alexis R. González-Pagani

Puerto Rico offers a variety of attractive incentives packages that cover multiple industry sectors.

Well-Managed Insolvencies Usually Make a Difference

Gelu Maravela, Mirela Metea, and Dana Rădulescu

From both a legal and business perspective, the critical period in any insolvency proceeding is the observation period, which is the period between the opening of the insolvency and the approval and implementation of a reorganization plan.

Q&A with Franklin Hoet-Linares of Venezuela’s Hoet Pelaez Castillo & Duque

Best Lawyers

An interview with Franklin Hoet-Linares of Venezuela’s Hoet Pelaez Castillo & Duque.

Cross-Border Listings of Swiss Companies

Jacques Iffland and Ariel Ben Hattar

The law of unintended consequences.

Legal Trends Overview for the Real Estate and Construction Markets in Northwest Russia

Maya Petrova

The Russian courts are, with increasing frequency, upholding challenges brought by real estate owners who are indignant about unfair cadastral valuations placed on their immovable property.

Changes in the Legal Regulation of Foreign Investment in Russia

Artem Zhavoronkov and Oleg Lovtsov

Introducing significant changes in the legal regulation of foreign investment in the Russian Federation.

Antimonopoly Regulation in Russia

Arthur A. Rokhlin

Taking into account the existing problems in the Russian Federation’s economy, which were caused by both global slowdown and the sanction policy of the foreign countries toward Russia, the public function of development and support of competition becomes increasingly significant.

The Purchase of a Productive Unit of a Company in an Insolvency Proceeding

Antonia Magdaleno

Is it a good deal and a safe opportunity for investors?

Corporate Criminal Compliance in Spain

Victor Jimenez Carbayo

Four issues must be fulfilled: a legal person can be punished for the crime, the individual who has committed the crime is a member of the organization, the corporation directly or indirectly benefits, and the corporation has not implemented any measures to prevent the commission of the crime.

Trends in Medium- and Long-Term Incentive Plans for Senior Executives in Spain

Salvador Espinosa de los Monteros Garde

Both in Spain and internationally, this attention has led in recent years to the publication of (i) good practice recommendations; (ii) good governance codes; and (iii) legislative rules on compensation.

A Hectic Autumn Lies Ahead for Financial Institutions

Francisco Uría

All these new regulations share certain common features: they impact on almost all areas of a bank across the board (legal counsel, legislative compliance, business, technology, etc.).

The Residency Visa for Foreign Investors—Or the Golden Visa

Mariano Roca

Golden Visa holders would be entitled to reside in Spain for an initial period of one year, which can be extended into two to five year periods.

New Means of Doing Business, New Legal Institutions?

Joan Roca Sagarra

From the public sector to the new cooperative private businesses, we will have to review the traditional legal institutions.

Viewpoints

U.S. Impact on Paris Climate Agreement

Lisa S. Zebovitz

The United States Climate Alliance, currently comprised of 14 states, is “committed to the goal of reducing greenhouse gas emissions consistent with the goals of the Paris Agreement.”

Paris Climate Accord

Mark L. Stermitz

The accord could affect the economic and social circumstances of farmers, ranchers, and small town residents whose lives are connected with the large deposits of fossil fuels in North Dakota, Montana, and Wyoming.

U.S. Withdrawal from the Paris Agreement

Violaine du Pontavice

What will be the future for the world’s climate issue?

The Paris Agreement

Marie-Léonie Vergnerie

When the world (almost) united to fight climate change.

Paris Agreement on Climate Change: Overview and Update

Beatriz Paulo de Frontin and Márcio Pereira

An overview of the Paris Climate Agreement.