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Government Regulation

Proposed Legislation Expands US FDIC’s Executive Compensation Clawback Authority

In what is likely the first of many legislative proposals in response to the recent failures of Silicon Valley Bank and Signature Bank, U.S. Senator Elizabeth Warren (D-MA) this week introduced a bill that would greatly expand the scope and impact of the Federal Deposit Insurance Corporation’s (FDIC) authority to claw back executive compensation.  The proposed bill,

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Crypto Consultation: The Australian Token-Mapping Exercise

On 3 February 2023, Australia’s Department of the Treasury released its ‘Token Mapping Consultation Paper’ (Consultation Paper), which seeks to explore how existing regulation applies to the crypto sector and to inform future policy choices in the crypto industry. The Important Bits Background In October 2021, the Senate Select Committee on Australia as a Technology

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Recent Legislative Amendments and Case-Law Developments in Turkey

Ally Law’s Istanbul member firm prepares a quarterly report to provide updates on recent developments in legislation and case law in Turkey. In its most recent, second-quarter update for 2022, the firm offered insights into the following: An increase in the minimum wage New rules for commercial cash loans Corporate tax exemptions for income gained

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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

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President Biden Signs $1.9 Trillion American Rescue Plan

On March 11, 2021, and after months of debate in the US Congress regarding the federal government’s third round of COVID-19-related economic stimulus, President Joseph R. Biden signed the American Rescue Plan Act (ARP) into law. The legislation — and the price tag — is massive and likely to affect virtually all areas of the US

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Corporate Malaysia Prepares for New Anti-Corruption Law

A new Section 17A of the Malaysian Anti-Corruption Commission Act 2009, was enacted in May 2018 and is targeted to be enforced on 1 June 2020. As that enforcement date draws near, many Malaysian companies are seeking legal advice on how they can protect themselves from liability through implementation of the “adequate procedures” required by

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Vietnam’s New Competition Law: An Overview

On 01 July 2019, Vietnam’s Competition Law No. 23/2018/QH14 (the “New Competition Law” or “new Law”) came into effect, replacing its 14-year-old predecessor and related guiding instruments. The new Law is expected to have a significant impact on how enterprises conduct their day-to-day business. In an attempt to ease the transition, this article will highlight

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Voluntary Assisted Dying – Considerations for Aged-Care Providers

The Voluntary Assisted Dying Act 2017 (Vic) (the Act) commences in Australia’s state of Victoria on 19 June 2019. The Act will allow Victorians at the end of life who are suffering and who meet strict eligibility criteria to request access to voluntary assisted dying (VAD). As only medical practitioners can authorise access to VAD, aged care providers will not generally

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How Can FinTech Operators Open Accounts in Malta? MFSA and FIAU Issue Consultation Document

The Malta Financial Services Authority (MFSA) and the Financial Intelligence Analysis Unit (FIAU) have joined forces and recently issued a consultation document providing guidance for credit institutions, payment institutions and electronic money institutions opening accounts for FinTechs. The guidance encourages the formulation of more thorough risk-assessment measures, controls and policies and complements their due diligence

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Charities and Political Activities: Changes to the Law are Now in Effect

The much-anticipated changes to the laws that regulate the political activities of Canadian registered charities have now been made. On December 13, 2018, Bill C-86, Budget Implementation Act, 2018, No. 2, which contained amendments to the political activity rules under the Income Tax Act (Canada) (ITA), received royal assent (Amendments). As a result of the Amendments, charities

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