Page 17 - Law Developments News Today

On January 13, 2021, the US District Court for the Northern District of Texas ruled in favor of Exxon Mobil Corporation ("Exxon") in its battle against the government over tax penalties. Exxon filed amended returns for its 2006-2009 tax years seeking a $1.35 billion tax refund based upon a change of character of certain transactions (from mineral leases to purchase transactions). The government disallowed the refund claims and imposed a $200 million penalty pursuant to Internal Revenue Code (IR...

Introduction Companies which have paid Section 301 duties on products from China that are included on Lists 3 or 4(a) may still have an opportunity to file a suit to potentially recover the duties paid. On 5 February 2021 the US Court of International Trade (CIT) took long-awaited action on the nearly 4,000 cases filed since September 2020 to challenge the Section 301 duties imposed on goods from China (Lists 3 and 4a include products such as fashion products, automotive parts, consumer goods, ...

A new grand ducal regulation recently entered into force, declaring the convention on the legal framework for teleworking a general obligation. This article highlights the main points introduced by the teleworking convention, including with regard to its scope, the definition of 'teleworking', employers' provision of teleworking equipment and the equal treatment of traditional workers and teleworkers.

Facts The intervenor filed an invalidation action against the trademark 約克夏茶YORK SHIRETEA and a device mark (Registration 158031) in respect of services in Class 42 for a violation of Articles 30-1(8) and 30-1(11) of the Trademark Act. After examination, the defendant (ie, the IP Office) cancelled the trademarks registration. Dissatisfied, the plaintiff filed an administrative appeal with the Ministry of Economic Affairs, which was dismissed. The plaintiff then filed an administrative s...

In 2020 a complaint was brought against General Insurance Corporation of India (GIC) Re before the Competition Commission of India (CCI), stating that GIC Re had enhanced reinsurance rates through the implementation of certain circulars and endorsements and incorporated a contagious disease exclusion. The CCI has dismissed the complaint, holding that the allegations of GIC Re's abuse of a dominant position and imposition of excessive and unfair pricing are without basis.

In order to make the Decree for the Promotion of the Manufacturing, Maquiladora and Export Services Industry (IMMEX Decree) consistent with the new General Import and Export Duties Law and the US-Mexico-Canada Agreement (USMCA), a number of the decrees annexes have been modified. Specifically: references to the North American Free Trade Agreement have been substituted with references to the USMCA; the Annex I tariff items (ie, goods that cannot be temporarily imported under the IMMEX Decree) ha...

The Supreme Court's judgment in the Financial Conduct Authority's test case on non-damage business interruption cover for losses arising from the COVID-19 pandemic has wide-ranging implications. In terms of the impact on property, this is a significant decision for both landlords and tenants, where premises were forced to shut under the government's instructions to businesses to close and stay at home and following the introduction of social distancing instructions in March 2020.

On 14 December 2020 Parliament passed the landmark Private Funding of Legal Services Act 2020. The act was published in the Cayman Islands Gazette on 7 January 2021 but is subject to a commencement order and is therefore not yet in force. Background In the Cayman Islands, the doctrines of maintenance and champerty were both crimes and torts, which sometimes created obstacles for litigants seeking to enter into funding agreements with third parties to obtain financing for the litigation in retu...

On 19 January 2021 the Federal Court delivered a landmark decision in PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah.(1) The apex court decided that in the event of delay of delivery of vacant possession for Schedule G and H-type contracts under Regulation 11(1) of the Housing Development (Control and Licensing) Regulations (HDR) 1989, the timeframe for calculating liquidated and ascertained damages (LADs) begins from the date of payment of the booking fee, not the date of the sale and ...

From 15 February 2021, international arrivals to England must quarantine in a government-managed hotel if, within the 10 days before their arrival, they have been in or transited a country to which a travel ban applies. Additional post-arrival COVID-19 testing has been mandated from the same date. A raft of penalties will also apply for non-compliance.