Document(s) published by this organization: 386
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|US Federal Circuit Limits Right of Appeal from Contested Cases at the USPTO|
Kyle Friesen, Sharon A. Israel; Mayer Brown LLP;
June 17, 2014, previously published on June 12, 2014In an appeal from a decision in an inter partes reexamination before the US Patent & Trademark Office (USPTO), the US Court of Appeals for the Federal Circuit has ruled that the challenger must show some injury-in-fact to have Article III standing at the Federal Circuit. Despite a statutory...
|US Supreme Court Rules that Bankruptcy Courts Can Issue Proposed Findings in “Core” Matters Involving Stern v. Marshall-Type Claims|
Thomas S. Kiriakos, Michael F. Lotito, Brian Trust; Mayer Brown LLP;
June 17, 2014, previously published on June 10, 2014On June 9, 2014, the US Supreme Court issued a unanimous decision in Executive Benefits Insurance Agency v. Arkison (“Executive Benefits”) that resolved a fundamental bankruptcy procedural issue that had arisen in the wake of Stern v. Marshall (“Stern”).
|To Disclose or Not to Disclose: Bankruptcy & Substituted Service, Petitioning Creditors Beware|
Justine T. K. Lau, Edmund M. S. Ma, Richard M. Tollan; Mayer Brown JSM;
June 11, 2014, previously published on June 5, 2014Following our previous legal update on substituted service of a statutory demand against an individual ("Bankruptcy & Substituted Service: Petitioning Creditors Beware...", 2 March 2012), the Court of Appeal’s recent decision in FWD Life Insurance Co (Bermuda) Ltd v. Chan Kim...
|PRC Laws No Excuse for Non-compliance with SFC Requests|
Susanne J. Harris, John M. Hickin, Nicholas D. Hunsworth, Billy Y. C. Lam, Thomas S. T. So; Mayer Brown JSM;
June 11, 2014, previously published on June 5, 2014On 23 May 2014, the Court of First Instance ordered Hong Kong accounting firm Ernst & Young (EY) to produce documents relating to a PRC company, Standard Water Limited (the "Company"), to the Securities and Futures Commission (SFC). The court rejected EY's argument that it did not...
|Decree No. 8,257/2014 and Normative Instruction No. 1,471/2014|
Carolina M. Bottino, Roberta P. Caneca, Marina Cyrino, Ivan Tauil; Tauil & Chequer Advogados in association with Mayer Brown LLP;
June 11, 2014, previously published on June 5, 2014On 05/29/2014, Decree No. 8.257/2014 was enacted. The Decree provides the rules for the application of Law No. 10.893/2004 with respect to the Freight Surcharge for Merchant Marine Renewal (AFRMM) and the Merchant Marine Fund (FMM).
|Including Commission in Holiday Pay - The Pensions Implications|
Jonathan Moody, Ian Wright; Mayer Brown International LLP;
June 11, 2014, previously published on June 2014The Court of Justice of the European Union has recently decided that where a worker has a contractual right to commission that is calculated by reference to sales achieved by the worker, the statutory holiday pay paid to the worker must take into account that commission. In other words, employers...
|Fourth Circuit Holds that Experts Must Separate Opinions From Fact Testimony and Lay Adequate Foundation for Both|
Carl J. Summers, Evan M. Tager; Mayer Brown LLP;
June 11, 2014, previously published on June 3, 2014Increasingly, in a number of contexts, experts are playing the role traditionally filled by attorneys: reviewing and explaining the relevance of the evidence, integrating it into the party’s narrative, and mixing in opinions along the way. This has the potentially dangerous effect of placing...
|WTO Appellate Body Finds “Public Morals” Exception for Trade Restrictions Includes Animal Welfare|
Duane W. Layton, Kelsey M. Rule, Paulette Vander Schueren; Mayer Brown LLP;
June 11, 2014, previously published on June 4, 2014The Appellate Body of the World Trade Organization (WTO) has issued its ruling in the dispute over the European Union’s restrictions on the importation and marketing of seals and seal products. In its May 22, 2014 “mixed ruling,” the Appellate Body struck down the EU’s...
|Reducing and Expunging Proofs of Debt and Dealing with Dividend Overpayments|
Jennifer Colegate, Richard M. Tollan; Mayer Brown International LLP;
June 11, 2014, previously published on June 5, 2014On a recent Mayer Brown JSM application (on behalf of the Liquidators of one of the Lehman Brothers entities) to reduce and expunge proofs of debt, the Hong Kong High Court has ruled that creditors who receive an overpayment of dividends due in respect of a proof of debt which has been...
|Brazilian Competition and Trade Alert - New Antidumping Investigation|
Eduardo Molan Gaban, Natali de Vicente Santos; Mayer Brown LLP;
June 11, 2014, previously published on June 9, 2014Today it was published in the Brazilian Official Gazette the SECEX Circular No. 27, as of June 6th, 2014, determining the initiation of dumping investigation on the imports from Germany, Belgium, Hungary, Netherlands, Portugal, Spain and South Korea of polymeric MDI, classified under...