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Article
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February 04, 2010
This paper focuses on the review of climate science in the U.S. courts. The author identifies numerous federal and state court decisions that acknowledge the scientific basis for climate change and concludes that although the debate “is not over” pending tort claims provide the most likely opportunity for a thorough judicial review.
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Article
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February 04, 2010
The Competition Commission of India (“Commission”) became operational on September 1, 2009, heralding a new era of enforcement of antitrust laws in India. The Act is of critical importance for mergers happening abroad and locally in India and establishes India at par with other leading economies in regulating mergers and acquisitions.
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Article
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February 04, 2010
This article provides an introduction to and discusses real property law in Turkey as it affects the acquisition of immovables (e.g., lands, houses and farms) and/or real rights other than ownership over immovables by both foreign real persons and legal entities.
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Article
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February 04, 2010
Class actions are designed to avoid inconsistent results by offering the efficiency and predictability of a unitary adjudication or settlement of claims of a numerous group to whom the defendant may be liable based on the same facts. Poland will be one of the first jurisdictions in Central and Eastern Europe, which will provide the class action procedure.
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Article
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February 03, 2010
In view of recent amendments to Russian antimonopoly legislation (relating to agreements and concerted practices that restrict competition), the authors of this article will analyze the practices applied by European antitrust agencies and the Federal Antimonopoly Service of the Russian Federation (“FAS Russia”) to identify and investigate antimonopoly cases.
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Article
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February 03, 2010
This article presents an in depth and thorough analysis on the tax and practical aspects of estate planning for the international family. When you are done reading this article you will know everything you ever needed to know (and then some) concerning non resident aliens doing business and owning property in the United States.
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Announcement (Press Release)
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December 17, 2009
Leading Law Firm Sudath Perera Associates Becomes the TerraLex Member Firm in Sri Lanka
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Announcement (Press Release)
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November 02, 2009
PG&P has become the TerraLex Member for the general business law practice for Moscow and the Central Federal District of Russia.
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Newsletter
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September 24, 2009
China's Stimulus Package, Navigating FIRPTA: Sale of Real Property in U.S. by Foreign Investors, Sellers' Reclamation Rights In and Out of Bankruptcy, Aruba as the Flag State of Choice for Aircraft Lessors and Financiers, Bienvenue Sur eBay, Gibraltar Limited Partnerships
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Announcement (Press Release)
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September 22, 2009
The law firm of Estudio Rubio Leguia Normand & Asociados and Dr. Victor Ferro were just named Leading Law Firm and Lawyer for Labor & Employment in Practical Law's Which Lawyer Yearbook
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Article
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September 15, 2009
The purpose of this article is to increase awareness of FIRPTA and to highlight certain problems which may arise for a foreign investor selling U.S. real property.
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Article
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September 15, 2009
Local laws can affect online business models in unexpected and dramatic ways, as demonstrated by the string of lawsuits brought by luxury brand manufacturers against eBay in the United States and various countries in the EU. This article discusses recent lawsuits brought by luxury brands against eBay and the different standards that American and European courts have applied in adjudicating whether eBay is liable when its website is used to auction counterfeit luxury goods.
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Article
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September 15, 2009
The combination of limited liability, tax transparency, a tax efficient jurisdiction and being part of the European Union makes the Gibraltar Limited Partnership an attractive structure as part of tax planning arrangements.
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Article
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September 15, 2009
Aruba has established a modern legal system, which facilitates the financing and ensures the safety of aircraft and aircraft engines that are operated internationally.
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Article
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September 15, 2009
In today’s uncertain economic climate businesses that sell goods on credit face an ever-increasing risk that their buyers will be unable to pay for the products they have purchased. This article discusses sellers’ rights of reclamation outside bankruptcy.
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Article
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September 15, 2009
In response to its weakening economy, China announced a massive $586 billion USD stimulus package in November 2008. China’s stimulus-funded projects may hold opportunities for foreign companies.
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Announcement (Press Release)
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August 07, 2009
PDGB Avocats (www.pdgb.com), based in Paris, has become the TerraLex Member for the general business law practice for Paris and the Paris area of France
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Article
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July 13, 2009
On 6 October 2008, the Scottish Government issued a consultation document on a proposed framework for the development and deployment of renewables in Scotland. This comes against the background of the likely adoption of an EU target for the United Kingdom to ensure that 15% of energy use (electricity, heat and transport) comes from renewable sources by 2020. It is therefore an important and significant consultation document.
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Article
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July 13, 2009
A Scottish limited partnership (SLP) is a unique vehicle. Although it has been around for over a century, the SLP has been used in recent times for modern business purposes such as private equity and property investment fund structures. This article looks at the advantages of the SLP which make it so attractive to fund managers, promoters and investors, both domestic and overseas.
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Article
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July 07, 2009
If your client’s business includes an international component, the chances are that its contracts include an agreement to arbitrate disputes. Typically, international arbitration involves little or no discovery. This article discusses one avenue for obtaining discovery in international arbitration, 28 U.S.C. §1782.
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Announcement (Press Release)
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June 16, 2009
The leading law firm of Loschelder Rechtsanwaelte, based in Cologne, has become the newest TerraLex member for the North Rhine-Westphalia region of Germany.
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Newsletter
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June 16, 2009
Jurisdiction Over Foreign Entities in the Age of Electronic Commerce, How Does Mauritius Tilt the Balance Between Ease of Business and Money Laundering?, The Law of Personal Jurisdiction in Canada: How US Defendants Can be Haled Into Court and Never See It Coming, The new Regulation for Bankruptcy Proceeding in Spain: An Opportunity for Investors, Limited Liability Partnership - Indian Perspective, Corporate Restructuring Involving BVI Companies
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Article
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June 10, 2009
Whereas Limited Liability Partnerships has been a popular corporate structure for business entities in the West for years, India has only now passed a legislation permitting Limited Liability Partnerships. This article discusses the nuances of the new legislation, its positives, LLPs as form of foreign investment in India, its taxation liabilities and conversion of existing business entities into LLPs.
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Article
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June 05, 2009
The rules followed by Canadian courts with respect to when to assert jurisdiction over foreign defendants is markedly different from U.S. law and can result in U.S. companies being forced to litigate in Canada, even if they have no contacts to the jurisdiction.
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Article
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June 05, 2009
The U.S. Supreme Court has said that for our courts to exercise personal jurisdiction over a nonresident, the nonresident must have “minimum contacts” with the forum state, such that the exercise of jurisdiction “does not offend traditional notions of fair play and substantial justice.” But the Supreme Court has not spoken on the subject since the Internet was born. What does personal jurisdiction mean in the context of international e-commerce?
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Article
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June 05, 2009
This article will provide an analysis of the myriad of options for the restructuring of BVI companies, some of which may be familiar to those practising in other jurisdictions, which, when taken together, give the maximum possible flexibility and choice in restructuring BVI investment vehicles.
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Article
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June 05, 2009
The combined endeavors from the Board of Investment and The Financial Services Commission set up respectively under the Investment Promotion Act and the Financial Services Development Act bring into focus a rather technical and complex area which straddles business, commercial and banking law.
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Article
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June 05, 2009
The authors comment on the amendment of the Spanish bank law which very recently came into effect on April 1, 2009 to provide more flexibility to court proceedings and more guarantees to financial institutions when refinancing their credits.
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Announcement (Press Release)
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June 04, 2009
Considered one of the major law firms in in its jurisdiction, Glimstedt & Partners has joined TerraLex as the exclusive member in Latvia.
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Announcement (Press Release)
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April 07, 2009
The prestigious law firm of Bernotas & Dominas Glimstedt has been named the new TerraLex member firm for the Republic of Lithuania.
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Newsletter
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March 16, 2009
The Consumer Product Safety Improvement Act of 2008, New Requirements to Make Proxy Materials Available on the Internet, Reform of the German limited liability company (GmbH), Public Private Partnerships in Brazil, Drug Company Settlements for Off-Label Promotions Surpass US $1 Billion, Recognition and Enforcement of Foreign Arbitration Awards in China
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Announcement (Press Release)
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November 01, 2008
The law on foundations is one of the most important legal pillars of the Liechtenstein financial centre. It has its roots in articles 552-570 of the PGR (Liechtenstein’s Law on Persons and Companies) which came into force in 1926 and has seen its last major revision in 1980. After intense discussions during the preparatory phase of the draft, the law was finally passed on 26 June 2008. This article aims to give an overview on the new law.