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Legal Updates

Legal Updates for October 2016

Anti-Competitive Employment Practices: What HR Should Know
Last week, the US Department of Justice ("DOJ") and the US Federal Trade Commission ("FTC") issued a very simple "Antitrust Guidance for Human Resources Professionals" (the "Guidance") highlighting recruitment practices that would raise concerns under competition laws. The aim of the Guidance is to create awareness amongst HR professionals on "how the antitrust laws apply to the employment arena" and prevent violations. Whilst there are differences between US and Singapore competition laws, the practices identified by the DOJ and the FTC in their Guidance will more likely than not amount to anti-competitive agreements in Singapore and the other ASEAN countries as well and could, therefore, lead to substantial financial penalties being imposed on the enterprises indulging in such conduct.

Paris Agreement to Come Into Force – What Does It Mean For You?
On 4 November 2013, approximately 7 months after its signing on 22 April 2016, the Paris Agreement will enter into force. As Singapore is a party to this international agreement which seeks to combat the effects of climate change, businesses are well advised to take note of its implications. More importantly, businesses which are well prepared can capitalise on the opportunities arising from this agreement. This Client Update will provide a brief overview of the Paris Agreement and discuss the key risks and opportunities for companies in Singapore following from the Paris Agreement coming into force.

Intellectual Property Case Updates - Malaysia
In this Intellectual Property Case Updates, we wish to highlight 2 recent decisions of the Court of Appeal which serve to illustrate the importance for trade mark owners to use their registered trade marks, failing which they run the risk of not only losing their registrations but also allowing their competitors to enter the market using substantially similar trade marks.

Calculating Damages for Dependants in Personal Injury Cases
The case of Zhu Xiu Chun (alias Myint Myint Kyi) v Rockwills Trustee Ltd (administrators of the estate of and on behalf of the dependents of Heng Ang Tee Franklin, deceased) [2016] SGCA 52 is a landmark decision on the quantum of damages in personal injury cases. In particular, it provides a guide on calculating damages for dependants of the injured or deceased. This Update summarises the key point of the decision.

MOM Announces Scrutiny On Triple-Weak Companies
On 10 October 2016, the Minister for Manpower announced that the MOM is currently subjecting some 300 Employment Pass application from about 250 companies to additional scrutiny, as these companies were found to be 'triple weak'. This highlights that there has been no abatement to the MOM's efforts to ensure compliance with the Fair Consideration Framework, which was first introduced in 2013. Businesses are therefore encouraged to review their existing HR practices to ensure that they remain compliant to avoid any inconveniences.

PRC Publishes Second Draft of Cybersecurity Law
On 5 July 2016, the second draft of the Cybersecurity Law of the People’s Republic of China (the "Draft Cybersecurity Law") was published by the Standing Committee of the National People's Congress of the People's Republic China (the "PRC"). This Update examines the key obligations contained in the Draft Cybersecurity Law, and assesses the impact of its provisions on businesses operating in the PRC technology sphere.

Competition Bites – ASEAN & Beyond
In this latest edition of our quarterly regional competition update, we provide a high-level roundup of the more interesting happenings in ASEAN and around the globe from a competition law perspective to aid businesses in understanding what they should be doing within their own spheres so as to avoid competition law violations. Despite a seeming slowdown in the economic conditions globally, there has not been an abatement of investigations by competition authorities with a number of infringement decisions issued and new investigations launched.

Staying a Winding-Up Application in Favour of Arbitration
A winding-up application can be stayed on a number of grounds, including that the petition is founded on a debt the existence of which is bona fide disputed. In BDG v BDH [2016] SGHC 211, the Singapore High Court examined when a winding-up application can be stayed in favour of arbitration, and the relevant standard to be applied. The case was successfully argued by Jainil Bhandari, Aleksandar Georgiev, Raelene Pereira and Han Jiamin of Rajah & Tann Singapore LLP.

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