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Adobe PDFAn Employer can Enforce the Employment Contract against a Departing Employee without Paying Salary
Elizabeth Hodgkinson, Nicholas Robertson; Mayer Brown International LLP;
Legal Alert/Article
August 27, 2014, previously published on August 2014
In this very recent case, the High Court has decided that the employer was entitled to enforce the contract against a departing employee, even though the employer had deliberately stopped paying salary to the individual. This case offers a boost to employers who, until now, have had to chose...

 

Adobe PDFOne Servant, Two Masters, Same Service?
Duncan A. W. Abate, Anita W. C. Lam, Hong Tran; Mayer Brown JSM;
Legal Alert/Article
August 25, 2014, previously published on August 20, 2014
According to the results of a recent survey, Hong Kong tops the poll on places that are using contingent workers in 2014, followed closely by the United States. Contingent workers could be temporary employees, secondees and outsourced workers, employed or supplied by companies to work for either a...

 

HTMLDeductibility of Settlement Payments: US First Circuit Rejects the IRS’s Interpretation of Talley and Section 162(f)
Hayden D. Brown, Geoffrey M. Collins, Brian W. Kittle; Mayer Brown LLP;
Legal Alert/Article
August 22, 2014, previously published on August 18, 2014
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...

 

HTMLArbitration and Ship Arrest in Hong Kong: Post-award arrest in Handytankers KS v. Owners of The Alas
Bill Amos; Mayer Brown JSM;
Legal Alert/Article
August 22, 2014, previously published on August 20, 2014
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,...

 

Adobe PDFAnalysis of Mexico’s New Hydrocarbons Legal Regime
Pablo C. Ferrante, Dallas Parker, Gabriel J. Salinas, Jose L. Valera; Mayer Brown LLP;
Legal Alert/Article
August 19, 2014, previously published on August 13, 2014
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...

 

Adobe PDFWTO Appellate Body Upholds Panel in China - Rare Earths Dispute
Duane W. Layton, Nikolay Mizulin, Paulette Vander Schueren; Mayer Brown LLP;
Legal Alert/Article
August 19, 2014, previously published on August 13, 2014
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. The August 7, 2014, decision in China -...

 

HTMLThe Curious Case of LabMD: New Developments In The “Other” FTC Data-Security Case
Lei Shen, Evan M. Wooten; Mayer Brown LLP;
Legal Alert/Article
August 13, 2014, previously published on August 11, 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....

 

Adobe PDFAdministration Expenses: The Next Instalment
David Allen, Ashley Katz, Devi Shah, Jessica Walker; Mayer Brown International LLP;
Legal Alert/Article
August 13, 2014, previously published on August 2014
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...

 

Adobe PDFGovernmental Plan Investors and the Borrowing Base
Zachary K. Barnett, John A. Janicik, Kristin M. Rylko, Matthew A. Simmons; Mayer Brown LLP;
Legal Alert/Article
August 13, 2014, previously published on Summer 2014
A subscription credit facility, also frequently referred to as a capital call facility (a “Subscription Facility”), is a loan made by a bank or other credit institution (a “Lender”) to a private equity fund (a “Fund”). What distinguishes a Subscription Facility...

 

Adobe PDFSubscription Credit Facilities and the Volcker Rule
Timothy R. Hicks, Michael C. Mascia, Wesley A. Misson; Mayer Brown LLP;
Legal Alert/Article
August 13, 2014, previously published on Summer 2014
On December 10, 2013, the federal financial agencies approved joint final regulations (the “Final Regulation”) implementing section 619 of the Dodd-Frank Act, commonly referred to as the Volcker Rule. Section 619 added a new section 13 to the Bank Holding Company Act of 1956, which...

 


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