Written by Robert(Bob) Whitman Eric Berger KWM New York Office
Appeals of judicial decisions are commonplace in both federal and state court litigation in the US. This note provides a brief overview of common types of appeals, an overview of US appellate courts, and the common appellate standards of review, which are the frameworks
This article provides an overview of some issues related to properly valuing damages in US patent litigation, including identifying on common challenge to the quantification of patent damages based on valuing technology beyond the scope of the patented invention, and how the use of the cost savings approach to patent damages valuation can make a damages expert’s opinion more robust and less susceptible to such a challenge.
Continue Reading Valuing Patented Inventions in Litigation
On 21 August 2020, The Stock Exchange of Hong Kong (the “HKEx”) published amendments to the rules governing the listing of debt securities to professional investors to closer align the rules with current market practice and to enhance the debt listing regime. The changes are to Chapter 37 of the Main Board Listing Rules (the “Listing Rules”), which was last updated in 2011, and are the result of a public consultation process culminating in the 21 August 2020 document titled Consultation Conclusions and Guidance[1]. The document summarises the upcoming rule changes and simultaneously promulgates a guidance letter[2] (the “Guidance Letter”) on disclosure which primarily addresses disclosure considerations for debt instruments with special features.[3] Market participants and legal practitioners, including King & Wood Mallesons, provided commentary during the consultation process.
Continue Reading HKEx amended debt listing rules
Recently, the Anti-Monopoly Guidelines for the Intellectual Property (“IP Guidelines”) was published in the Collection of Antitrust Regulations and Guidelines in 2019 released by the Anti-Monopoly Bureau of the State Administration for Market Regulation (“SAMR”). Previously, the National Development & Reform Committee (“NDRC”), Ministry of Commerce (“MOFCOM”), State Administration of Industry and Commerce (“SAIC”) and the State Intellectual Property Office were designated by the Anti-Monopoly Committee of the State Council (“AMC”) to prepare drafts of the anti-monopoly guidelines on the abuse of intellectual property. In February 2017, the Anti-Monopoly Guidelines on the Abuse of Intellectual Property (Draft for Comments) (“Draft for Comments”) was completed based upon the aforementioned four drafts and was issued for public comment. On January 4, 2019, with the approval of the AMC, the IP Guidelines was officially promulgated.
Continue Reading China’s IP Antitrust Guidelines Released to the Public
The UK High Court recently considered the application of section 117 of the Companies Act 2006 (“s.117”), which sets out the parameters for responding to a request by a member of a company to inspect the company’s register of members and the ability of a Company to refuse the request. The Court in this case dismissed an application to refuse the provision of a company’s register of members on the grounds that the company had failed to prove that the request had not been made for a “proper purpose”.
Continue Reading Company registers: If there is a proper purpose, be prepared to provide them on request
There are several designation lists created by U.S. government agencies to prohibit or restrict certain economic or trade activities the U.S. deems to be adverse to U.S national security and foreign policy goals. These lists are created, maintained, and regulated by different U.S. government agencies and impose different requirements on those subject to them. They also impose different levels of enforcement mechanisms, with violations potentially being subject to both criminal and civil liability.
Continue Reading Major U.S. Sanctions and Trade Restrictions Lists
On 20 February 2020, in his annual review “Dedicated to Fair Competition and Serving Reform and Development – Overview of Antitrust Work in 2019”, Mr. Wu Zhenguo, the Director of the Anti-monopoly Bureau (“AMB”) of the State Administration for Market Regulation (“SAMR”), mentioned that the Anti-monopoly Committee of the State Council has issued four antitrust guidelines including the Antitrust Guidelines for the Automotive Industry (“Auto Guidelines”).
Continue Reading China’s Auto Antitrust Guidelines Released to the Public
On Thursday, August 6, 2020, U.S. President Donald Trump issued two executive orders directed at two Chinese companies that own two popular mobile apps.
Continue Reading White House Issues 2 Executive Orders on the Chinese Mobile Apps
On January 17, 2020, the PRC Ministry of Finance and State Administration of Taxation jointly issued the Announcement on Individual Income Tax Policies Relating to Foreign Income (关于境外所得有关个人所得税政策的公告) (Announcement No.3), which further clarifies Chinese individual income tax (IIT) policies with respect to foreign income including the scope of foreign income, calculation of foreign tax credit, procedures on tax filing of foreign income and compliance requirements under cross-border secondment arrangement.
Continue Reading A Brief of New Individual Income Tax Policies on Foreign Income
This year has shown us that when it comes to commercial parties having a dispute regarding restrictive covenants, the Courts have shown a willingness to uphold the validity of the restriction on the basis that they are competent business people who should have known better or taken advice.
Continue Reading Restrictive covenants – watch out for restrictions of employee shareholders and those contained in commercial agreements
