Articles
Top 10 Legal Malpractice Defenses As Claims Tick Up
Forty years ago, law firms were rarely sued, but today they are a favorite litigation target of both disgruntled clients and third parties, such as investors or bankruptcy trustees, when a transaction or lawsuit has a bad outcome.
Corporate Transparency Act: Nationwide Injunction Update and Key Considerations
On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide injunction halting enforcement of the Corporate Transparency Act (“CTA”).
The CTA Filing Deadline is Approaching. Is Your BOIR Filed Yet?
The clock is ticking—just 49 days remain until the one-year filing deadline for the Corporate Transparency Act! Entities established before January 1, 2024, must submit a beneficial owner information report by December 31, 2024.
Federal Court Rules Paypal’S Contract Term Unfair: Key Takeaways & Implications For Business Contracts
In the recent decision of ASIC v PayPal Australia Pty Ltd, the Federal Court found that a provision in PayPal Australia Pty Ltd’s standard form contracts constituted an unfair contract term (UCT).
Common Considerations for Joint Venture in Taiwan
In Taiwan, neither the Taiwanese Civil Code nor other commercial laws explicitly define or regulate joint ventures. However, both the collaborations between local enterprises and multinational enterprises seeking local partners in Taiwan have a high demand for JV business models.
Smyth’s Myths: Assumptions about International Commercial Arbitration that Need Challenging
Is it true that arbitration is (1) cheaper than litigation, (2) quicker than litigation, (3) totally confidential, and therefore (4) preferable to litigation? Frequently the answer is No.
Sanctions & OFAC Strategies: Legal Challenges in the Financial Sector
In the complex landscape of global finance, sanctions have emerged as an essential tool for enforcing international law and maintaining geopolitical stability.
Taiwan's Competition Compliance on Legal and Regulatory Framework
The Fair Trade Act and the Enforcement Rules of Fair Trade Act are two basic rules pertaining to various competitive behaviours in Taiwan. This field of law may be roughly divided into two parts: restraints of competition and unfair competition.
In Good Faith: How Seeking Legal Advice Can Shield You From Civil Penalties
The Federal Court has reinforced that obtaining legal advice can protect a party from civil penalties, even if it has been proven that the party contravened the law.
Letting Sleeping Ducks Lie: Supreme Court Looks Under The Bed But Finds No Shareholder Oppression
Economic conditions are challenging. As often happens during downward business cycles, strong business relationships are fraying and minority partners, often investors, are finding themselves shut out.
What's Market: Indemnification As An Exclusive Remedy
Merger and acquisition purchase agreements generally include indemnification provisions, pursuant to which a given party (“indemnitor”) agrees to defend, hold harmless, and indemnify the other party or parties (“indemnitees”) from specified claims or damages.
Corporate Tax Planning in Taiwan for Foreign Investors
While, like most countries, dividends received by a parent company from its subsidiaries may enjoy certain tax exemptions, various tax laws in Taiwan prevent taxpayers from obtaining undue tax benefits through related-party transactions.
Taiwan's Competition Compliance Programme
Any company may enact its own regulations for competition compliance and then submit these in writing to the Fair Trade Commission for filing, as well as take action towards these regulations, or may publish similar content on the company's website.