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Despite recent amendments to the income tax treaty between Canada and the United States that were intended to provide relief in respect of hybrid entities with cross-border investments and operations, the Canada Revenue Agency continues to deny – incorrectly in our view – the benefits of the reduced branch profits tax rate provided for thereunder in the case of fiscally transparent US limited liability companies with non-corporate, treaty-eligible members...
Topics: Taxation,
The state and local tax ramifications of digital economy transactions (buying and selling of cloud computing services, electronic payment processing, etc.) are incomplete, ambiguous, and evolving. This Article highlights a few key state and local tax issues that businesses should consider when buying or selling products in the digital economy and negotiating contracts for those transactions.
Topics: Taxation, Commercial Transactions and Finance / Consumer Transactions, Cyberspace Law / E-Commerce / Internet Law,
Canada’s Supreme Court has recently confirmed that there is a sound legal basis to enforce commercial restrictive covenants negotiated in the transactional context. While this decision arose from a case in the province of Quebec, the impact of the ruling is arguably important to businesses across Canada.
Topics: Commercial Transactions and Finance / Consumer Transactions, Employment / Labor Law,
"A recent study prepared for the European Commission concluded that harmonisation of laws dealing with trade secrets and confidential business information across the EU would bring cost savings benefits, greater cooperation and sharing of trade secrets. However, the question remains: does one size fit all?"
Topics: Intellectual Property,
"The new Australian government's claim that the nation is "open for business" is set to be tested by upcoming decisions on foreign investment."
Topics: Mergers and Acquisitions / Divestitures, Energy and Natural Resources Law,
This article discusses how the early proactive use by in-house and outside attorneys of mediation in business litigation can more effectively settle disputes and reduce the client’s transactional costs.
Topics: Litigation (Civil, Business and Commercial), Alternative Dispute Resolution,
In October, the California Public Utilities Commission (“CPUC”) unanimously voted in favor of adopting a program that sets energy storage targets for the three-investor owned utilities (“IOUs”), Pacific Gas & Electric Co., Southern California Edison, and San Diego Gas & Electric. Such an action marks the first time that energy storage has been mandated (even as a target) in the United States. The decision provides for the evolution of the electrical grid and the growth of the energy...
Topics: Administrative Law, Energy and Natural Resources Law,
Act No. 234/2013 Coll., amending the Act on Fuel and the Act on Trade Licensing, as amended, took effect in October 2013 with the main aim of preventing tax evasion in the fuel market. According to some press reports and responses from affected parties the amendment limits the fuel market and discriminates smaller fuel distributors. This can affect fuel prices and ultimately business in various sectors.
Topics: Energy and Natural Resources Law, Trade Law / Trade Regulation,
The English Court of Appeal recently considered whether a contract contained a general duty of good faith. The court's decision contrasted with previous case law in the lower courts and it now appears the scene is set for further litigation exploiting the uncertainty as to implied duties of good faith.
Topics: Litigation (Civil, Business and Commercial), Contracts / Agency,
Has the spirit of social protest reached the Israeli Supreme Court? Are the Israeli courts seizing the opportunity to support private distributors rather than the large food manufacturers? Should the large manufacturers consider themselves warned?
Topics: Distribution Agreements / Distributors / Sales Representatives,
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Build : 07/22/2014 13:10:15