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.
As these technologies develop and their use becomes more widespread, attorneys expect to encounter novel legal challenges.
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.
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.
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.
Founding partner in Taylor English Duma sees success with remote lawyer program.
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.
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.
Roberto Guerrero V. and Tomás Kubick
A significant change in law and practice.
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.
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.
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.
Alexis R. González-Pagani
Puerto Rico offers a variety of attractive incentives packages that cover multiple industry sectors.
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.
An interview with Franklin Hoet-Linares of Venezuela’s Hoet Pelaez Castillo & Duque.
Jacques Iffland and Ariel Ben Hattar
The law of unintended consequences.
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.
Artem Zhavoronkov and Oleg Lovtsov
Introducing significant changes in the legal regulation of foreign investment in the Russian Federation.
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.
Is it a good deal and a safe opportunity for investors?
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.
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.
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.).
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.
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.”
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.
Violaine du Pontavice
What will be the future for the world’s climate issue?