Applying Chinese Law in US Courts: No Really, Despite It All

By | China Law Blog | August 20, 2017
China lawyerWay back in 2008 I wrote a post immediately after one of my firm’s lawyers returned from a federal court hearing where the judge essentially said — near as I could tell without any basis in law — that service of an English language only complaint on our client was valid even though she did not speak a word of English and even though the Hague Convention rules on service of process for that particular country explicitly stated that the complaint needed to be translated into her native language. View Full Post
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China Counterfeiting Cease and Desist Letters: The Power and the Risks

By | China Law Blog | August 19, 2017
China cease and desistHardly a week goes by without an American or a European company contacting one of our China lawyers wanting to retain us to “stop the counterfeits” of their products online and offline. Far too often these people believe one of our IP lawyers can within 24 hours send out a “template” cease and desist letter and within another 24 hours of that, the counterfeit sales will magically cease. View Full Post
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Healthy Buildings – Planning and Wellbeing

By | Keeping It Real Estate | August 18, 2017
The link between good planning and good health is unequivocal. The quality of the built and natural environment has a significant impact on health and wellbeing. Occupiers and developers are becoming more aware of how happy and healthy employees (and customers) drive profitability and there is now industry recognition that a building can affect how well we feel. View Full Post
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Holiday Pay – Regular Voluntary Overtime Should Be Included

By | Global Workplace Insider | August 18, 2017
A recent decision of the Employment Appeal Tribunal has held that employees who regularly work voluntary overtime beyond their contracted hours may now have those payments taken into account in calculating holiday pay. Article 7 of the Working Time Directive (2003/88/EC) (WTD) provides that workers have the right to at least four weeks’ paid annual leave.   View Full Post
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FCA Consults On Market Infrastructure Providers’ 2017/18 Fee Rates

The FCA has published Consultation Paper 17/31: Market infrastructure providers – 2017/18 fee rates (CP17/31). CP17/31 should be read by recognised investment exchanges, benchmark administrators and data reporting services providers. It may also be of interest to other market infrastructure providers in the B fee-block. View Full Post
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PSR Consultation On Regulatory Fees for 2018/19

The Payment Systems Regulator (PSR) has published Consultation Paper 17/30: PSR regulatory fees 2018/19: Consultation on 2018/19 PSR regulatory fees for the funding of the PSR’s Financial Services (Banking Reform) Act 2013 , the Interchange Fee Regulation and the revised Payment Services Directive functions (CP17/30). View Full Post
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Implementing Regulation On ITS On Supervisory Reporting to Reflect IFRS 9 Changes to FINREP

There has been published in the Official Journal of the European Union (OJ), a Commission Implementing Regulation that amends an earlier Implementing Regulation that lays down implementing technical standards with regard to supervisory reporting of institutions according to the Capital Requirements Regulation. View Full Post
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Beijing’s New Employment Laws: Terminating Probationary Employees

By | China Law Blog | August 18, 2017
China employment lawyerI have recently been focusing on Beijing with my China employment law posts because Beijing recently came out with new employment laws. The new laws, entitled the Responses to Several Issues Regarding Application of Law in Trial of Labor Disputes (关于审理劳动争议案件法律适用问题的解答)(“the Responses”) were released earlier this year to clarify a number of key employment law issues and to ensure a fairer and more effective and consistent adjudication of labor disputes in Beijing.  View Full Post
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