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As of mid-June 2014, changes in the consumer protection laws were to be introduced by all Member States of the European Union. Such changes are likely to stir up particular interest among online traders for whom some of the requirements for distance selling will have to be changed. The major changes for e-commerce business relate to the right of withdrawal and a new obligation to issue a contract confirmation in a durable medium.
Topics: Cyberspace Law / E-Commerce / Internet Law,
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Summary: The IRS made sweeping changes to its 2012 Offshore Voluntary Disclosure Program and Streamlined Filing Compliance Procedures which generally became effective July 1, 2014. Those changes both raise the penalty to 50% for some taxpayers who hold accounts at certain foreign financial institutions, as well as relax the penalty to a more taxpayer-friendly 5% for other non-compliant taxpayers who acted non-willfully in their failure to comply with reporting gross income from a...
Topics: Administrative Law, Taxation,
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Summary: In late June, the Supreme Court of the United States issued a decision that will impact fiduciaries of retirement plans that hold employer stock. The Court held that such fiduciaries are not subject to the so-called Moench presumption of prudence and are subject to the same duty of prudence that applies to all ERISA fiduciaries, except to the extent that the duty of prudence requires diversification. Although the rejection of the Moench presumption initially sent...
Topics: Employee Benefits / Retirement Schemes / Welfare Benefits,
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A recent announcement by the Securities and Futures Commission (SFC) that a securities dealer and asset management company has been publicly reprimanded and fined HK$6 million for past serious anti-money laundering (AML) internal control deficiencies is a warning to other licensed institutions in Hong Kong. It comes on the back of regulators in various jurisdictions taking tougher action against banks and other financial institutions. The SFC’s disciplinary sanction is intended...
Topics: Professional Responsibility / Ethics,
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Topics: Administrative Law,
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One day in July proved to be exciting for both advocates and adversaries of the Patient Protection and Affordable Care Act, as they separately celebrated courtroom victories just a few hours apart on the validity of tax subsidies under the ACA.
Topics: Administrative Law, Employee Benefits / Retirement Schemes / Welfare Benefits,
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Through publication of Law No.6545, the institution of preliminary appeal is introduced under the Administrative and Tax Jurisdiction Law. Therefore, the District Administrative Courts are restructured and positioned as a secondary stage court. On the other hand, several radical amendments are made on the administrative jurisdiction system through the Law No.6545. Accordingly, such amendments would be described as a reform in the Administrative Jurisdiction.
Topics: Administrative Law, Taxation,
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The Canadian Government proposes an amendment to the Competition Act to address “unjustified international price differentials”. While the legislation has not been tabled, the proposal creates risk of uncertainty and expense to the operation of markets, and of providing significant additional discretionary power to Canada’s Competition Bureau. Various businesses, including in particular retailers and automotive manufacturers, need to watch this development closely.
Topics: Distribution Agreements / Distributors / Sales Representatives, Antitrust & Competition Law/Unfair Competition,
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The following article gives an overview of the federal Canadian government’s Office of the Superintendant of Financial Institutions (OSFI) following the recommendations of Basel Committee of Banking Supervision and releasing a draft of its new leverage requirements based on the Basel III Leverage Ratio.
Topics: Finance & Banking,
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Insurance companies are increasingly the subject of Telephone Consumer Protection Act (TCPA) lawsuits. Any insurance company that communicates with its customers, job applicants, and others by phone or text using an automated telephone dialing system—or that has independent...
Topics: Litigation (Civil, Business and Commercial), Communications Law / Media Law,
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