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  • Significant updates to India’s anti-corruption law

    Earlier this year, the Indian parliament made significant amendments to the Prevention of Corruption Act (the “PCA”). The PCA is the primary Indian law that addresses corruption in government agencies and public sector businesses in India. These updates to the Act impact how companies with operations in India manage corrupt activity. Read our summary of...

  • Consent to Assign – taking the good with the bad.

    The case of No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd surprised the legal profession in 2016 when the court held that one bad reason for refusing consent to assign a lease effectively trumped two other good reasons, making the landlord’s refusal unreasonable. This decision provides some welcome pragmatism for landlords, residential...

  • Into the Future

    The oracle of Silicon Valley, Mary Meeker – a partner at Kleiner Perkins – just published her highly anticipated 2015 Internet Trends Report.  Meeker’s report is the ultimate compilation of essential technology statistics, and is one of the most widely read and respected insights into the future of the Internet and technology trends. Encompassing everything...

  • Supplytime 89: Owners not required to give five banking days’ notice in order to exercise their right to suspend provision of the vessel’s services

    In Greatship (India) Limited -v- Oceanografia SA de CV [2012] EWHC 3468 (Comm), the Commercial Court considered the interpretation of clause 10(e) of the BIMCO Supplytime 89 form. Specifically, the court considered the question of whether, in order for Owners to validly exercise their right to temporarily withdraw the vessel from the charterparty service, they...

  • Indian Government Official asks EU to declare India an adequate country for data transfers

    Shri Anand Sharma, Union Minister for Commerce, Industry & Textiles in India, emphasised, at a bilateral meeting with the European Commissioner for Taxation and Customs Union, that in order for the Bilateral Trade and Investment Agreement (BTIA) between the EU and India to be successful, India must be declared an adequate country for data transfers....

  • Federal Circuit Rejects Extraterritoriality Limitation for Certain Patent Claims

    In our first posting (here) of Merial Limited, BASF Agro B.V. v. CIPLA Ltd., et al., Nos. 2011-1471, 1472 (Fed. Cir. 2012), we discuss the Court of Appeals ruling on Fed. R. Civ. P. 4(k)(2).  Here we address an equally important issue for the international practitioner:  the extraterritorial limits to a federal district court’s contempt...

  • Second Circuit Affirms “Direct Effect” Rule, Dismissing FSIA Claim

    Gosain v. State Bank of India, 10-711-cv(L) (2d Cir. Jan. 2011)(unpublished), addressed whether the State Bank of India was entitled to Foreign Sovereign Immunities Act (FSIA) immunity.  The plaintiff relied on the exception found in the FSIA to immunity for a case “in which the action is based . . . upon an act outside...

  • Indian Government discussing BlackBerry ban: “security more important than privacy”

    A few days following the concession made by BlackBerry manufacturers, Research in Motion (RIM), to provide Indian security agencies access to their encrypted data, India’s Home Minister P. Chidambaram held “security to be more important than privacy”. Security concerns in India have certainly risen following the terror attack on Mumbai in November 2008, the worsening...

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