Tuesday, May 21, 2013

Welcome to Bloomberg BNA's Global Law Watch

Bloomberg BNA's Global Law Watch provides you with showcase articles and headlines covering key areas of international law, drawn from a selection of Bloomberg BNA's legal information services.

Bloomberg BNA is the largest independent publisher of information and analysis products for professionals in business and government. Bloomberg BNA publishes – in print and electronic formats – more than 350 daily, weekly, monthly, and up-to-the-minute news services covering the full range of legal, legislative, regulatory, and economic developments that impact the business environment.

Use Bloomberg BNA's Global Law Watch to update you with news & analysis of international legal and regulatory changes in Communications, IP, Environment, Financial Services, Trade and Privacy. You can receive free headline updates by subscribing to the RSS feed for the category you are interested in.

The headlines for this service are all carefully selected from Bloomberg BNA’s wide variety of publications and give you an insight into the depth of information provided by Bloomberg BNA. If you would like to read the articles in full, click on the headlines for instructions.


Communications

U.K: New Consultation from the ICO on Data Sharing Code

The Information Commissioner’s Office (ICO) has issued a consultation on a new statutory Code of Practice for the sharing of personal data. The draft code sets out a model of good practice for public, private and third sector organisations. It covers routine data sharing, as well as one-off instances where a decision is made to release data... [Read more of this article]


Czech Court Holds Website Liable for User Comments in a Discussion Forum

In March 2010, the Municipal Court in Prague controversially found the operator of finance website Mesec.cz liable for the content of a thread on its discussion forum. The court ordered the operator to take down the thread, which contained negative comments about a real estate agency. Background The defendant operates a popular internet website... [Read more of this article]


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Environment

Beijing Pledges U.S.$16 Billion in Spending for Pollution Control through 2015

By Michael Standaert. SHENZHEN, China—Beijing’s municipal government plans to spend 100 billion yuan ($16.1 billion) over the next three years on measures to reduce water, air, and solid waste pollution, several state-run media outlets reported March 29. The reports said the government announced the plan March 28, though no official notice... [Read more of this article]


Mexico’s New Climate Change Law to be Implemented over 18 Months with International Aid

By Ivan Castano MEXICO CITY—Mexico’s new Climate Change Law will be gradually implemented over the next 18 months, the international affairs coordinator of the Environment Ministry (Semarnat) told BNA Jan. 14. “This law will not have a specific date of implementation,” Enrique Lendo said. “Rather, we will work to introduce different regulations... [Read more of this article]


Obama Victory Resurrects Climate Issue, but Carbon Tax Likely to Face Uphill Battle

By Dean Scott President Obama’s re-election and unexpected gains by Democrats in the Senate have environmental groups gearing up on several fronts to push for more U.S. action on climate change, including a possible resurrection of a proposal to tax the carbon content of fuel. Both Obama and Senate Majority Leader Harry Reid (D-Nev.) pledged... [Read more of this article]


European Parliament Passes Law to Improve Energy Efficiency, Reduce Greenhouse Gases

By Joe Kirwin BRUSSELS—The European Parliament on Sept. 11 approved energy efficiency legislation designed to help the European Union reduce energy consumption by about 17 percent by 2020, save up to $75 billion annually through reduced fuel imports, and meet greenhouse gas reduction targets. The measure is also expected to boost employment because... [Read more of this article]


China Releases Plan for Saving Energy, Cutting Emissions, Pledges US$372 Billion

By Michael Standaert SHENZHEN, China—China’s State Council has released a plan for energy-saving and the cutting of key emissions covering the rest of the 12th Five-Year Plan (2011-2015) period and has projected that around 2.366 trillion yuan ($372 billion) would be spent on investments to achieve energy conservation and emissions-reduction... [Read more of this article]


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Financial Services

The Ralph Lauren FCPA Case: Are There Any Limits to Parent Corporation Liability?

By Philip Urofsky, Shearman & Sterling LLP, Washington, D.C. Much of the coverage of the recent Foreign Corrupt Practices Act case against Ralph Lauren Corp. (RLC) focused on the fact that both the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) awarded it a Non-Prosecution Agreement (NPA) due to its prompt voluntary... [Read more of this article]


Recent English Court Decisions Involving Mis-selling of Financial Products

By Hannah Sharp, of Hogan Lovells LLP, London. An earlier article appearing in this publication, entitled “English Courts Uphold Commercial Certainty in Complex Financial Transactions Cases”, explained and analysed English court decisions in four cases in which investors in financial products had sought damages for losses sustained from entering... [Read more of this article]


UK Regulatory Reform and its Impact on Financial Markets

By Richard Powell, of Bloomberg Law, London. On April 1, 2013, the Financial Services Authority (FSA) was replaced by separate conduct and prudential regulators, respectively, the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) (see WSLR, April 2013, page 3). These reforms, the most radical since the creation of the FSA... [Read more of this article]


Quick Poll: Is the result of the Ralph Lauren FCPA case an unprecedented expansion of corporate liability?

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Switzerland’s Revised Collective Investment Schemes Act: New Rules on Foreign Investment Fund Distribution, Asset Managers

By Thomas S. Müller, of Walder Wyss Ltd., Zurich. In March 2012, the Swiss Federal Council published a proposal to revise the Swiss Federal Act on Collective Investment Schemes (“CISA”) (see WSLR, May 2012, page 10). The main goal of the partial revision was to align the rules regarding the management, safekeeping, and distribution of collective... [Read more of this article]


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Intellectual Property

Lower Courts May Now Hear Patent Disputes, Chinese Supreme Court Says

BEIJING — China’s local level courts will begin to hear civil patent cases under a recent interpretation from the Supreme People’s Court, a change that could lead to local protectionism and uncertainty for multinational companies in the short term, practitioners told BNA. Court Interpretation [2013] No. 9, dated April 1 and published on... [Read more of this article]


Essential Patents Declared to the European Telecommunication Standardization Institute: How Should They Be Treated in U.S. Litigation?

By Jacques Buhart and Nicolas Lafont Introduction to ETSI On Jan. 8, 2013, the U.S. Department of Justice, Antitrust Division, and the U.S. Patent and Trademark Office issued a policy statement addressing the question of whether injunctive relief or exclusion orders are properly issued when a patent holder seeking such a remedy asserts standards-essential... [Read more of this article]


When Does Retransmission of TV on Internet Amount to Copyright Infringement?

By Penelope Thornton and Tony Basich, Hogan Lovells, London Introduction In March 2013 the Court of Justice of the European Union handed down its decision in ITV Broadcasting v. TV Catchup, ruling that retransmissions of linear TV channels over the internet, not made by the original broadcaster, infringe relevant copyrights in the broadcast, even though... [Read more of this article]


Quick Poll: Are human genes patentable?

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So You Made It to First-to-File. Now What?

By David P. Halstead, Ropes & Gray, Boston. The final week to file new applications under the new first-to-invent system was marked by a flurry of patent filings, a mad dash to beat the March 16 deadline that menaced for a year and a half. Everyone knew the agenda: File applications to beat the deadline, supplement filings with new data, file... [Read more of this article]


Read More Posts From Intellectual Property

Privacy

Australia’s Amended Privacy Act’s New Definition of ‘Personal Information’: When Is an Individual ‘Reasonably Identifiable’?

By Charles Alexander and Helen Paterson, of Minter Ellison, Sydney. Australia’s Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) (Amending Act) will commence in March 2014 (see analysis at WDPR, December 2012, page 4). When the Amending Act enters into effect, the definition of “personal information” in the Privacy Act 1988... [Read more of this article]


Personal Data Transfers from the European Economic Area: Time to Consider Binding Corporate Rules 2.0

By Rafi Azim-Khan and Steven Farmer, of Pillsbury Winthrop Shaw Pittman LLP, London. What exactly is the “best” solution for an international business needing to handle and transfer personal data across borders? This has become an increasingly important and common question as business becomes more global and companies grow, reorganise or merge. There... [Read more of this article]


The New Constants — Death, Taxes and … Social Media?

  By Charles W. Cohen and Ignatius A. Grande, Hughes Hubbard & Reed LLP It is hard to believe, but social media only recently arrived on the scene. Today, a large segment of society cannot imagine a world without it. Many of our children have never known what it is like to live in a world without social media. Social media, including such platforms... [Read more of this article]


Quick Poll: Will the consent & jurisdiction provisions of the proposed EU Data Protection Regulation make the EU the “super-regulator” of cloud companies?

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U.S. and Canadian Privacy Considerations in Mergers and Acquisitions

By Melissa J. Krasnow, of Dorsey & Whitney LLP, Minneapolis, and Andrea York, of Blake, Cassels & Graydon LLP, Toronto. The exchange of information about individuals, including customers, employees and security holders, is often an integral part of merger and acquisition transactions. Compliance with privacy law is, and will continue to be,... [Read more of this article]


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Trade

ANALYSIS: International Trade Actions Complicate Global Market for Renewable Energy Businesses, Particularly Solar Sector

By David J. Levine and Pamela D. Walther. A number of recent trade actions involving renewable energy, particularly in the solar sector, are complicating the business landscape domestically and globally for a wide range of entities operating in these industries. In light of finite demand and increasing global production capacity of renewable energy... [Read more of this article]


EU Leaders Cautiously Optimistic about Free Trade Deal with U.S.

BRUSSELS—The foreign ministers of the European Union on Feb. 4 expressed cautious optimism about reaching a free trade agreement with the United States after Vice President Joe Biden named it a priority of the U.S. administration. At their monthly meeting, the foreign ministers from the 27 EU member states gave strong support for pursuing bilateral... [Read more of this article]


EU, Latin American Nations Sign Pact Formally Ending WTO Banana Dispute

By Daniel Pruzin GENEVA—The European Union and 10 Latin American countries signed an agreement Nov. 8 that formally ends their 20-year dispute over the EU’s discriminatory restrictions on imported bananas. The Mutually Agreed Solution (MAS) signed at World Trade Organization headquarters in Geneva ends eight pending banana dispute settlement... [Read more of this article]


U.S. President Obama Announces WTO Action Against China for Auto Subsidies

By Cheryl Bolen President Obama Sept. 17 announced that the administration is launching an enforcement action against China at the World Trade Organization, accusing China of illegally subsidizing exports in its automobile and auto parts sectors, which puts U.S. manufacturers at a competitive disadvantage. “Today, my administration is launching a... [Read more of this article]


Indian Government to Allow Foreign Investment in Supermarkets, Aviation

By Amrit Dhillon NEW DELHI—The Indian government will allow foreign supermarkets into the Indian retail sector, let foreign airlines invest in Indian aviation, and intends to privatize four state-run companies. The Sept. 14 announcement has been described as a signal that the government is finally pushing ahead with much-awaited reforms to shore... [Read more of this article]


Read More Posts From Trade