Khaitan & Co successfully opposes grant of ad interim relief against Saregama India

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India: The age of telephony has arrived

On 19 June 2018, the Department of Telecommunications, Government of India (DoT) finally provided its nod to several key recommendations (Recommendations) made by the Telecom Regulatory Authority of India (TRAI) on the Regulatory Framework for Internet Telephony in October 2017. DoT has released a clarification (Clarification) and certain amendments to existing licenses (Amendment), both of […]

India: Second ordinance to amend the Insolvency and Bankruptcy Code

The President of India promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance 2018 on 6 June 2018 (Ordinance) to amend the Insolvency and Bankruptcy Code 2016 (IBC). In the short history of around one and half years since the provisions relating to corporate insolvency resolution process under IBC came into force in December 2016, the […]

India: Amendments to securities board delisting regulations

Between 31 May to 1 June, the Securities and Exchange Board of India (SEBI) amended a number of securities regulations to provide certain dispensations for listed companies undergoing the corporate insolvency resolution process (CIRP) under the Insolvency and Bankruptcy Code 2016 (IBC). These amendments follow SEBI’s discussion paper of March 2018, which set out specific […]

India: Hotel is operator’s taxable presence

The Authority for Advance Rulings (AAR) recently ruled that the hotel property in India operated and managed by the applicant, FRS Hotel Group (Lux) S.a.r.l. (now FRHI Hotels & Resorts S.A.R.L) (Taxpayer) is its ‘fixed place’ permanent establishment (PE) in India. Accordingly, income of the taxpayer attributable to such PE in India is taxable as […]

India: Supreme Court clarifies NCLAT’s powers in appeal

On 18 May 2018, in M/s B Himmatlal Agrawal (Appellant) v Competition Commission of India (CCI) and Anr. [Civil Appeal No. 5029 of 2018], the Supreme Court of India (Supreme Court) distinguished the decision of the National Company Law Appellate Tribunal (NCLAT) while disposing of a statutory appeal under the Competition Act, 2002 (Competition Act). […]

Latest Briefings

Sentencing Council publishes gross negligence manslaughter definitive sentencing guideline

The penalties imposed on individuals for fatal accidents in the workplace are set to increase after the Sentencing Council for England and Wales published its definitive sentencing guideline for gross negligence manslaughter. Walker Morris health and safety experts, Stuart Ponting and Robert Starr, consider the new guideline and the implications for employers and directors…

Energy Update – August 2018

This energy update includes the following white papers: CMA publishes final report on Heat Networks calling for new regulation The first National Infrastructure Assessment is published recommending growth in Green Energy NAO report on package recycling Update on Electric Vehicles Amendment Regulations 2018 – in force 24 July 2018 The Mayor of London’s Energy Efficiency […]

Will the revised NPPF lead to more affordable housing?

By Katherine Evans On 24 July 2018, the long-awaited revised NPPF was released. The omission of social rented homes from definition of affordable housing in Annex 2 of the draft revised NPPF has been addressed. Starter Homes are now included in the definition but secondary legislation is still required to set out financial eligibility for […]

Luxembourg publishes law on VAT grouping

As foreseen in our previous newsflash, the law on VAT grouping has officially been published, last Friday. The text – which provides for an entry into force on 31 July 2018 – modifies the general VAT Law. It now enables Luxembourg entities sharing financial, economic and organisational links to set up a VAT group, thus allowing them to […]

Reform of the Portuguese pricing and reimbursement system

By Edward J. Dougherty Following a recent reform in 2015, the Portuguese pricing and reimbursement system is sophisticated and comprehensive. Nevertheless, substantial discretion is allowed to the competent national authority, and this is the source of most challenges for innovators…

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Morgan Lewis finalises transfer of 226 Bingham partners, 556 staff and associates

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Wragge Lawrence Graham & Co wins Insider ‘Property Law Firm of the Year’ award

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Pinsents’ outgoing MP David Ryan: “I thought I couldn’t get any busier”

David Ryan is more or less an institution at Pinsent Masons. During his 15 year tenure as the firm’s managing partner, he has led its transformation from a 134-partner regional practice into a 380-partner global outfit. But, having spent all that time in management without facing a contested election, the managing partner is finally relinquishing […]

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Linklaters’ Simon Davies: “The magic circle isn’t what it used to be”

This week Linklaters’ governing bodies, long-defended lockstep and US game plan came under scrutiny from partners in the first bi-annual partner meeting in six years. Is the firm at a crossroads of identity? Managing partner Simon Davies says it is the magic circle suffering the branding crisis, not Linklaters. “There is a point about longevity […]

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