Change is the only certainty in employment law

Employment | 05 July 2019

How far and fast the world of work is changing is evident from a quick scan of recent headlines. It’s rare that an employment law issue won’t be prominent in the news. From establishing the status of workers in the gig economy to addressing the gender pay gap, employment rights and employers’ obligations are attracting greater scrutiny than ever. [Continue Reading]

Doing business in India

Doing Business in Asia | 05 July 2019

The objective of this brief essay is to highlight legal aspects of significance to a foreign investor looking to do business in India. India, the second-most populous nation on earth and perhaps the fastest-growing democratic country, follows a written constitution. The constitution declares India to be a union of states with the power to legislate split between the centre and the states with some shared concurrent powers. [Continue Reading]

Commercial Litigation Summit – 1 July 2019

| 05 July 2019

When it comes to high-value complex (and thus expensive) litigation, there is one subject close to the hearts of clients: how do we avoid it? Unsurprisingly even the most well-heeled businesses do not relish the prospect of a protracted and expensive dispute, however much litigation lawyers might salivate at the prospect of a challenging and lucrative case. [Continue Reading]

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Japan: outward-looking insights

Doing Business in Asia | 05 July 2019

Atsumi & Sakai is a multi-award-winning, independent Tokyo law firm with a dynamic and innovative approach to legal practice; it has been responsible for a number of ground-breaking financial deal structures and was the first Japanese law firm to create a foreign law joint venture and so admit foreign lawyers as full partners. Expanding from its highly regarded finance practice, the firm now acts for a wide range of international and domestic companies, banks, financial institutions and other businesses, offering a comprehensive range of legal expertise. [Continue Reading]

An investment overview of Pakistan

Doing Business in Asia | 05 July 2019

Ever since the Chinese investment under the One Belt One Road initiative, Pakistan has emerged as a great potential market for foreign investors. This has been followed by keen interest by the world and commitments by Saudi Arabia and Qatar. With a growing economy and a change in government policy towards foreign investments, a wide range of possibilities have opened up for foreign companies to invest in various sectors in Pakistan. Foreign investors therefore need to make themselves aware of sectoral concessions/incentives and protections afforded under the law. [Continue Reading]

Doing business in Thailand

| 05 July 2019

The Foreign Business Act (FBA) governs the scope of foreign participation in business activities in Thailand. Under the FBA, foreigners, unless otherwise exempted, are restricted from participating in certain specified businesses. Foreigners are required to obtain a foreign business licence or certificate before engaging in such activities. [Continue Reading]

Crisis, what crisis?

| 05 July 2019

It’s 11.30pm, you are just drifting off after another long day at the office – and then the phone rings. It’s your chief executive – your building is up in flames, or flooded, or your servers have been hacked or… you know what to do right? You are the trusted source of advice for the board, you are the one who always has the right answer aren’t you? [Continue Reading]

Corporate reorganisations: how US tax reform drives cash repatriation programmes

| 05 July 2019

Change is the new norm and each month, companies are contemplating how to transform their current business set-up to create efficiencies, maximise use of invested capital and simplify corporate structures. Other motives for corporate reorganisations are very often the improvement of fiscal compliance and tax efficiency. The Trump administration’s tax reforms have created a recent trend: the increase of cash repatriation programmes. [Continue Reading]

Anatomy of a workplace investigation in Ireland: how to handle some of the practical issues

Employment | 05 July 2019

Complex workplace investigations were the exception and not the norm until a few years ago. In the year 2000 a one-page statutory code of practice was published in Ireland to guide employers through the humdrum of workplace disciplinary and grievance investigations containing only one sentence regarding the issue of employee representation in investigations. Fast forward a decade and a half or so and the tables have turned. This one issue has been the subject of two High Court judgments, a Court of Appeal and a Supreme Court judgment. For clarity, not all judgments relate to the same case. [Continue Reading]