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Article
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July 29, 2010
An update on a recent decision of the English Court about the narrow limits on the use of cease and desist letters alleging infringement of IPR and threatening proceedings for that infringement.
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Article
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July 27, 2010
This article describes the various types of state and local taxes applicable to real estate investment in the United States that are often overlooked by foreign investors.
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Article
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July 26, 2010
This paper analyzes the antitrust issues which may arise during mediation and settlement negotiations and includes a review of recent cases in which parties have challenged settlement agreements involving reverse payments in the generic drug industry.
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Announcement (Press Release)
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July 16, 2010
Chambers' 2009 Swedish Law Firm of the Year, Advokatfirman Lindahl, Becomes the Newest TerraLex Member Firm
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Article
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July 11, 2010
The liability of state authorities for damage caused to businesses is a controversial issue in Russia. In numerous cases, state agencies have inflicted substantial damage on companies through their unlawful actions, with no intention of paying compensation. However, unprecedented decisions of the arbitrazh (ie, commercial) courts have recently demonstrated that material liability of state institutions is not merely an abstract notion, but allows for the recovery of damages in practice.
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Article
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July 09, 2010
Federal Law No. 86-FZ dated 19 May 2010 “On Amendments to the Federal Law ‘On the Legal Status of Foreign Citizens in the Russian Federation’ and Specific Legislative Acts of the Russian Federation”(hereinafter – the “Law”) came into legal force on 1 July 2010.
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Article
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July 09, 2010
Pepeliaev Group hereby informs that the Plenum of the Russian Supreme Court adopted on 10 June 2010 Resolution No. 15 “On Amendments to Resolution No. 22 of the Plenum of the Russian Supreme Court dated 29 October 2009 ‘On the Judicial Practice of Applying Restrictive Measures in the Form of Pretrial Detention, Bail and House Arrest’”.
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Article
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June 21, 2010
While under literal interpretation of the Russian law the foreign sister company loans are not regarded as controlled debt and not subject to thin cap limitations, the new decision of the Russian court may amend this practice. Under the decision, where the foreign sister company role is "technical", under substance over form approach the thin cap limitation may also apply to loans from foreign sister companies
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Announcement (Press Release)
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May 24, 2010
TerraLex is proud to announce that the member firm for Turkey, Pekin & Pekin, has been named International Tax Review's "Tax Firm of the Year."
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Newsletter
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May 20, 2010
It is common practice for IT (and other) suppliers to seek to exclude or limit their liability within their standard terms and conditions. However, such provisions are enforceable under English law only to the extent they are "reasonable".
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Article
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May 19, 2010
The U.S. export control laws apply to U.S. goods and technology as those items are traded around the world. There appears to be a recent increase in U.S. enforcement actions against non-U.S. persons and companies relating to the reexport of U.S. goods and technology.
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Article
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May 19, 2010
The Turkish Labor Law does not regulate any specific post-termination covenant restrictions as non-compete clauses. However, other laws and court judgments with respect to post termination non-compete restrictions regulate employment contracts.
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Article
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May 19, 2010
The revision of awards provided by Article 51 of the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States is a motion aimed to correct awards that have been rendered by a court without knowledge of a certain decisive fact, and not a tool for having the court reconsider its decisions; therefore, not any facts justify its application.
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Article
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May 19, 2010
The practice of presenting an activity as environmentally friendly when its primary aim is to secure some economic advantage has come to be known as “greenwashing.” The article below discusses the tax credit for the use of black liquor as a biofuel, as an example of a tax credit program presented as an environmental initiative that, on closer examination, proves to have little beneficial effect on the environment, but does provide a significant subsidy to a particular sector of the economy.
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Article
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May 19, 2010
The aim of this article is to help attorneys, ADR professionals and judges recognize what, when and how Section 468B Funds may be used to benefit all settling parties while promoting efficient use of attorney time and court time.
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Article
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May 19, 2010
This article examines certain practical questions related to the use of a security trustee in finance and security transactions where Bulgarian law is relevant. It also distinguishes the legal risks associated with the involvement of a security trustee in purely local transactions and respectively in cross-border finance deals and thus attempts to explain the differences in the existing practical approach.
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Article
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May 19, 2010
During a time of illiquidity in the global finance markets, foreign purchasers of U.S. goods and services should become knowledgeable of financing options offered by the Export-Import Bank of the United States. To confront the global economic crisis, Ex-Im Bank has doubled its loan authorizations to U.S.$13.2 billion through the second quarter ended March 31, 2010, providing critical financing for international commerce.
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Article
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May 19, 2010
The Directive of the European Parliament and of the Council 2006/123/EC of 12 December 2006, on services in the internal market (“Directive” or “Directive on services”) substantially develops the freedom of establishment and freedom of cross-border provision of services under Articles 43 and 49 of the EC treaty. In the Czech Republic, the Directive on services was implemented by Act No. 222/2009 Coll., on Free Movement of Services that came into force on December 28, 2009.
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Article
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May 19, 2010
This article addresses the issue of whether Articles 23/4 and 22/1/d of the Turkey/Italy and Turkey/Spain prevention of double taxation treaties offer a unique opportunity for cross-border financial structuring in relation to dividends, royalties and interest income. The author believes these Articles may offer additional benefits, provided that local tax offices can be convinced to apply the international tax treaty provisions.
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Other
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April 30, 2010
This is a brief overview of the TerraLex network, providing key information about the network's mission and operations.
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Announcement (Press Release)
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April 08, 2010
TerraLex welcomes the law firm of Stepanovski, Papakul & Partners, headquartered in Minsk, as the newest addition to the Network.
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Announcement (Press Release)
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April 01, 2010
Sutherland Asbill & Brennan LLP Becomes the Georgia Member for TerraLex.
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Other
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April 01, 2010
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Announcement (Press Release)
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March 30, 2010
TerraLex is proud to announce that our member firm in Chile, Carey y Cia., has been named "Chilean Law Firm of the Year" by the International Financial Law Review (IFLR)
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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
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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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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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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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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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 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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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
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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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
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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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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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.