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March 7, 2021
On 25 February 2021 Chief Judge Stark of the US District Court for the District of Delaware ruled in favour of Novartis Pharmaceuticals Corporation against the generic defendants Torrent Pharma Inc and Torrent Pharmaceuticals Ltd in In re: Entresto (Sacubitril/Valsartan) Patent Litigation (MDL No 20-2930-LPS (D Del)). At the conclusion of oral arguments, Stark ruled in Novartiss favour, denying Torrents motion for judgment on the pleadings of non-infringement of US Patents 8,877,938 and 9,388,...
March 7, 2021
Introduction The Corporate Transparency Act (CTA) became law on 1 January 2021. Once implementation regulations are issued, the CTA will require certain new and existing US companies to disclose information about their beneficial owners to the US Department of the Treasurys Financial Crimes Enforcement Network (FinCEN). Information collected under the CTA will be held in a national registry of beneficial ownership information, the first of its kind in the United States, established and maintain...
March 7, 2021
or email (omago@omcabogados.com.pe). The OMC Abogados & Consultores website can be accessed at . The materials contained on this website are for general information purposes only and are subject to the disclaimer. ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.
March 6, 2021
In January 2021 the Legal Affairs Committee of the National Council submitted an initiative that intends to temporarily prohibit the acquisition of business premises by persons abroad.(1) The proposal claims that it will mitigate the negative impact of the COVID-19 crisis on potential sales of Swiss businesses. In particular, it aims to prevent foreign investors from taking advantage of Swiss companies which are in financial distress by acquiring them at low prices. Current rules and exemption ...
March 6, 2021
The Trademark and Patent Office recently issued Resolution 59669, which modifies in part the existing patent procedure regulations. While the amendments may make the patent application process lengthier and more expensive, they resolve various issues relating to the filing and scope of divisional applications. This article presents a summary of the most significant changes introduced, along with a comparison of how the new process differs from previous practice.
March 5, 2021
Introduction The Taxation (Implementation) (International Tax Compliance) (Mandatory Disclosure Rules for CRS Avoidance Arrangements and Opaque Offshore Structures) (Jersey) Regulations 2020 are expected to come into force shortly. The regulations will primarily affect promoters and service providers of certain arrangements, implementing a 30-day window to report disclosable arrangements to the Comptroller of Revenue. Failure to comply may lead to financial penalties and, in some instances, cri...
March 5, 2021
The COVID-19 pandemic has undoubtedly changed the way in which businesses are run and to a certain extent normalised remote-working arrangements. The Office of the Privacy Commissioner for Personal Data recently issued three guidance notes relating to working-from-home arrangements. This article summarises the guidelines' key recommendations for employers and employees, particularly with regard to the use of videoconferencing software.
March 5, 2021
The COVID-19 pandemic continues to ravage society. For the greater part of 2020, economies were brought to a standstill and lives were lost to the virus. In an effort to eradicate COVID-19, vaccines have been developed at a rapid pace. Employers are now contemplating imposing workplace-wide vaccination programmes in order to bring back available workforces and increase operational efficiency. Is this legally permissible? Employers management prerogative to enact measures to keep workplaces safe...
March 5, 2021
Introduction US citizens(1) who are UK-resident beneficiaries of US trusts may be taxed twice on the trusts income or capital gains because of the overlapping scope of UK and US taxation. The UK-US Double Taxation Convention (the treaty) may not serve as the desired panacea where there is a mismatch in both the timing of tax liabilities and the taxpayers identity under the domestic laws of each jurisdiction. This potential liability to double taxation may be an unfair cost of using such trusts ...
March 5, 2021
Introduction In its initial response to the White Paper published in February 2020, the government indicated that it was "minded" to appoint Ofcom as the regulator responsible for oversight of the new regime, to be primarily funded from industry. While consultation responses were "balanced" as to the benefits and risks of appointing a new body as against extending the powers of an existing one, the government has confirmed Ofcom as the regulator, emphasising that empowering an existing regulato...