Global Matters

Brazil’s Competition Agency Expands Scrutiny of Exclusivity Clauses and Mergers

Since early 2022, Brazil’s Administrative Council for Economic Defense (Conselho Administrativo de Defesa Econômica, or CADE) has increasingly raised concerns over the potential anticompetitive effects of exclusive dealing arrangements and exclusivity clauses in unilateral conduct investigations and merger cases. On the other hand, CADE has reaffirmed its understanding that exclusivity clauses are not illegal, per


US Employers Prohibited from Requiring Arbitration for Sexual Misconduct Claims

On March 3, 2022, US President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which amends the Federal Arbitration Act to give employees who have arbitration agreements with their employers the option of bringing claims of sexual assault or sexual harassment either in arbitration or


Use of Digital Signatures in e-Financial Transactions in Vietnam

In Vietnam, the increase in e-commerce over the past two years — as a result of the COVID-19 pandemic — has gone hand in hand with increased use of cashless payments and online banking transactions. To this end, digital signatures have played an essential role in the digitization strategy of the country’s banking sector. However,


“Zero-Click” Hacks Highlight Risks of Using Personal Devices for Business Use

A new threat known as a “zero-click” hack, which does not require a malicious link or attachment, is emerging from well-documented, state-sponsored spyware schemes. While users have grown accustomed to guarding against phishing attacks, the latest zero-click compromises enable threat actors to gain unauthorized control of smartphones and computers without the user’s knowledge. Instead, hackers exploit security flaws


Delaware Bankruptcy Court Eases Burden of Establishing an Administrative Claim

  The Case MTE Holdings’ business included drilling for oil and gas, an activity that generates significant amounts of toxic wastewater. Such byproducts must be disposed of in compliance with applicable environmental regulations. Before bankruptcy, MTE Holdings had initiated a pipeline project to carry wastewater from its various field wells to a central disposal facility.


President Biden Orders Use of PLAs for Major Federal Construction Projects

On February 4, 2022, President Biden issued Executive Order (EO) 14063 requiring the use of project labor agreements (PLAs) for large federal construction projects. The EO requires contractors or subcontractors proposing to work on a “large-scale” federal construction contract valued at greater than $35 million to negotiate or enter into a PLA with one or more “appropriate


EU Finance Ministers Agree on Reduced VAT to Support Climate Goals

On 7 December 2021, the Council of the European Union reached a political agreement supporting the adoption of a directive designed to modernize and harmonize rules for the application of reduced value-added tax (VAT) rates. The amendment to the VAT Directive aims to support a broad range of climate-change and environmental goals outlined in the


Ontario Arbitrator Disallows “Automatic” Termination Element of Vaccine Policy

In a recently released arbitration award, an arbitrator in Ontario, Canada, held that a mandatory- vaccination policy that included the right of an employer to automatically terminate noncompliant employees was unreasonable and violated specific provisions of the relevant collective bargaining agreement. The determination, made by arbitrator Gail Misra, arose out of a dispute between employer


France Expands List of Sectors Subject to Foreign Investments Screening

Effective January 1, 2022, and with the addition of sectors in which foreign investments are subject to prior authorization by the Minister of the Economy, France has taken another step in its ongoing expansion of foreign investment control. This initiative began in 2014, with the famous “Montebourg decree,” and has been further reinforced during the COVID-19 crisis.


Here We Go Again? US NLRB Seeks Input on Appropriate Bargaining Unit Standards

The NLRB is hoping that the fourth time is the charm when it comes to designing an enduring standard for determining an appropriate bargaining unit. Last week, the National Labor Relations Board (NLRB) issued a notice in the case American Steel Construction inviting parties and amici to submit briefs addressing whether the board should reconsider its standard


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