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Jan 2019 - ESAPA Client eNewsletter

Jan 2019 - ESAPA Client eNewsletter
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Contributed by Thomson Geer

By Jacquie Seemann, Partner, Employment and Safety

New Domestic And Family Violence Leave Entitlements: Is Your Business Up To Date?

Increasingly, Australian society as a whole is seeking to address the issue of domestic violence. That effort has now reached the world of employment regulation, with employers being required to provide additional support to employees who are victims of domestic violence.

Read full article here.


Contributed by DFDL

Cambodia Legal Update: Provision Of Seniority Payments, Prakas 443 of the Ministry of Labour and Vocational Training (“MLVT”) dated 21 September 2018

Following the amendments to the Labour Law, including the introduction of seniority payments, which came into effect on 26 June 2018 the MLVT issued Prakas 443 on Seniority Payments (“Prakas 443”) on 21 September 2018.

Read full article here.


Contributed by DFDL

Cambodia Legal & Tax Alert: Fortnightly Payments In Effect

The Ministry of Labour and Vocational Training (“MLVT”) introduced “Prakas 442 – On the Payment of Wages” (Prakas 442) in September 2018. Prakas 442 provides that from January 2019 all enterprises and establishments covered by the provisions of the Labour Law shall prepare their payroll to employees/workers (“employees”) two times per month.

Read full article here.

China and Hong Kong

Contributed by Eversheds Sutherland

By Paul Moloney, Partner; Helen Wang, Registered Foreign Lawyer (New South Wales)

A closer look at the UK temporary permissions regime (“TPR”) forms and some key practical considerations

The UK temporary permissions regime (“TPR”) will enable EEA firms and funds which passport into the UK to continue operating in the UK if the existing passporting regime falls away abruptly when the UK leaves the EU.

Read full article here.


Contributed by Khaitan & Co

By Vinay Joy, Partner; Rishabh Bharadwaj, Principal Associate; Neil Deshpande, Associate

FDI In E-Commerce Activities | Press Note No. 2 (2018 Series)

The Department of Industrial Policy and Promotion (DIPP) of the Ministry of Commerce and Industry, Government of India has issued Press Note No 2 (2018 Series) on 26 December 2018 (PN 2 of 2018).

Read full article here.


Contributed by Khaitan & Co

By Ajay Bhargava, Partner; Ankur Sangal, Principal Associate; Pragya Mishra, Associate

High Court of Delhi: A composite suit for design infringement and passing off is maintainable

On 14 December 2018, the special bench of the Hon'ble High Court of Delhi, comprising five judges (Special Bench), delivered a landmark judgment in Carlsberg Breweries a/s v Som Distilleries and Breweries Limited, C.S.(COMM) 690/ 2018 on the maintainability of a composite suit of design infringement and passing off.

Read full article here.


Contributed by SSEK

By Michael Carl, Foreign Advisor

Extraterritorial Scope of GDPR and Its Implications for Companies in Indonesia

The intention behind the issuance of the General Data Protection Regulation (GDPR) is commendable: to standardize and simplify data protection legislation across all European Union countries, so that both EU citizens and businesses (involving EU citizens) can benefit and thrive in our borderless digital era. The aim of the GDPR is to give EU citizens better protection and control of their personal data.

Read full article here.


Contributed by The Tokyo-Marunouchi Law Offices

By Kengo Ishikawa, Partner

Japanese Labor and Employment Law Update: Work Style Reform Law Effective from April 2019

On 29 June 2018, the Japanese Diet enacted the “Work Style” Reform Law, i.e., a law for reforming the manner in which work is carried out, which includes amendments to eight labor - and employment-related laws and which will take effect from 1 April 2019.

Read full article here.


Contributed by Eversheds Sutherland

By Stephen Kitts, Managing Partner, Asia

LAW Partnership - New Practice

The Intellectual Property/ Technology (IPTech) Practice Group led by the partners Brian Law, Suaran Singh Sidhu and Cheah Chiew Lan from KDJLaw, Malaysia was reorganised on 1 January 2019 to form LAW Partnership.

Read full article here.


Contributed by Mah-Kamariyah & Philip Koh

Revisions to the Equity Guidelines

The Securities Commission Malaysia (”SCM”) on 14 December 2018 released its revised Equity Guidelines and Prospectus Guidelines (collectively, “Guidelines”).

Read full article here.


Contributed by DFDL

By William D. Greenlee, Jr., Partner, Managing Director; Nishant Choudhary, Deputy Managing Director, Head of Banking & Finance Practice

Myanmar Legal Alert: Foreign Banking Branches in Myanmar Now Permitted to Provide Financing to Local Companies

The Central Bank of Myanmar recently issued a directive which goes considerable distance in further liberalizing and encouraging market access to local companies. The directive will foster increased competition in the market and addresses the persistent grievances of local companies in terms of their access (or the lack thereof) to channels and sources of foreign finance.

Read full article here.


Contributed by DFDL

By Atty. Karen Ocampo, Partner, Ocampo & Suralvo Law Offices

Philippine Legal Alert: National Privacy Commission Rules of Procedure – Advisory Opinions & Guidelines on Compliance Checks

The National Privacy Commission (“NPC”) issued NPC Circular No.18-01 dated 10 September 2018 which provides the rules of procedure on requests for advisory opinions on matters relating to data privacy or data protection.

Read full article here.


Contributed by Eversheds Harry Elias

By Claudia Teo, Partner & Head of Corporate and Financial Services; Terence Teoh, Associate

Digital Tokens Update

What a year 2018 has been. In his traditional message, the Prime Minister called 2018 a “productive year” and warned of ‘major uncertainties” that the global economy may face in 2019.

Read full article here and here.


Contributed by Eversheds Harry Elias

By Francis Goh, Partner & Head of International Arbitration; Rodman Bundy, Foreign Counsel; Shaun Leong, Of Counsel; Alvin Yap, Senior Associate; Janice Lee, Foreign Legal Associate

Year In Review, Year Looking Forward: International Arbitration Developments in Singapore and Beyond

2018 has been an exciting and fruitful year for the Eversheds Harry Elias International Arbitration Group. We continued to represent our clients in a number of high-value arbitrations before the SIAC, ICC and HKIAC. Legal 500 notes that our International Arbitration team “handles an impressive mix of construction cases, commercial disputes, and public international law and investment treaty work”.

Read full article here.


Contributed by DFDL

By Jack Sheehan, Partner and Head of Regional Tax Practice; Jonathan Blaine, Tax Director

Thailand’s 2019 Power Development Plan: What to Expect

Expected in early January, Thailand’s forthcoming amended Power Development Plan (PDP) will set the course for nationwide power system development and operation over the coming years.

Read full article here.


Contributed by Asia Counsel

Vietnam’s new Decree 163 on corporate bonds

On 4 December 2018, the Government issued Decree No.163/ 2018/ ND-CP regulating the issuance of corporate bonds (“Decree 163”). Decree 163 will take effect on 1 February 2019 and replace Decree 90/ 2011/ ND-CP on the same matters (“Decree 90”). We will take a brief look at some ofthe key changes brought in by Decree 163 in this insight.

Read full article here.


Contributed by DFDL

By Hoang Phong Anh, Partner, DFDL Vietnam; David Fruitman, Regional Competition Counsel & Senior Consultant, DFDL Cambodia

Vietnam Legal Update: New Competition Law will be effective soon

On 1 July 2019, the new Law on Competition (“2018 Law”) will take effect and it has some significant differences from the existing Law on Competition (“2014 Law”). While certain details are yet to be determined, we will outline some of the significant differences that businesses should note between the two laws.

Read full article here.


Contributed by Vision & Associates Legal

Vision & Associates Legal Update

Recently, the Government of Vietnam has issued several Decrees to amend or supplement existing Decrees providing guidelines for implementation of Labour Code 2012 and/ or provide new guidelines.

Read full article here.