The Doing Business in the Philippines handbook aims to equip both local and foreign entrepreneurs with a practical guide to navigating the ever-evolving business landscape in the Philippines. It provides information on the requirements needed when setting up and operating a business in the Philippines, including incentives under special registrations, taxation, employment, IP, dispute resolution, and industry-specific regulations.
Technical guidance published on the websites of the Hungarian Competition Authority (HCA) and the Public Procurement Authority in…
By means of Resolution PGN No. 92/23, acting Attorney General Eduardo Casal established performance criteria for representatives of the Prosecutor’s Office (PO) to set the performance standards of the PO in conciliatory proceedings between the accused and the victims of crimes in criminal cases.
The Resolution establishes that: (1) the intervention of the PO in the process corresponding to the conciliation agreement is necessary to ensure legality and to ensure the interests of society; (2) the prosecutor shall oppose any conciliation agreement that disregards normative and international regulatory mandates (treaties and supranational conventions); (3) prosecutors may argue criminal policy reasons (prior convictions, previous agreements, probation or multiplicity of crimes) to oppose and/or not consent to the agreement; (4) representatives of the PO must ensure the agile and informal participation of victims; and (5) conciliation agreements may be entered into before the indictment control hearing, closing of the investigation, and/or the elevation to trial.
On 1 January 2024, the provisions of the new Public Contracts Code on the digitization of public procurement laid down in Article 22 ‘National Digital Procurement Ecosystem (e-procurement)’ will come into force. The aim is to ensure maximum transparency, speed and a high level of simplification in the award and management of these contracts, with the aim of increasing the efficiency of the system and ensuring greater effectiveness of administrative action. The main innovation as of 1 January 2024 concerns the management of public tenders, for which the use of ‘certified’ digital platforms becomes mandatory, not only for the awarding phase, but also for all the other phases of the contract lifecycle, and in particular execution
The Council of State, in its judgment No. 2905 of 24 October 2023, reaffirmed that the principle of separation of tenders into lots may be derogated only to the extent that an adequate and specific motivation is provided, taking into account the principles of proportionality and reasonableness. The principle of subdivision into lots is an instrument which guarantees access to the market for small and medium-sized enterprises (SMEs) and it aims at increasing the efficiency of public expenditure, in particular by facilitating the participation of SMEs in public procurement.
The last thirty days in September, the end of the US federal government’s fiscal year, is generally an important time to analyze enforcement activity by the US Securities and Exchange Commission and the US Commodity Futures Trading Commission. In this short video, Baker McKenzie Partner Peter Chan, a former SEC Assistant Director of Enforcement, provides his insights regarding the importance of the timing of some of these enforcement actions.
Law no. 137 of 9 October 2023 introduced the offences of Bid Rigging (Article 353 of the Criminal Code), Interference with the Tender Process (Article 353-bis of the Criminal Code) and Fraudulent Transfer of Values (Article 512-bis of the Criminal Code) in the list of predicate crimes pursuant to Legislative Decree no. 231/2001.
On 4 October 2023, Deputy Attorney General Lisa Monaco of the U.S. Department of Justice announced a new DOJ-wide policy that seeks to provide greater certainty as to the potential benefits to acquirers that uncover criminal conduct at a target company. The DOJ’s Mergers & Acquisitions Safe Harbor Policy for voluntary self-disclosures provides greater certainty to acquirers who self-report within the safe harbor period, fully cooperate with the DOJ in its investigation, and engage in requisite, timely, and appropriate remediation, pay restitution, and disgorge any ill-gotten gains.
The luxury and fashion industry has grown rapidly in recent years, driven by the rising worldwide demand of the image-conscious, growing middle classes in emerging markets, and the incredible advancement and evolution in online retail sales and marketing. These developments have ushered in new challenges for the industry with companies facing more stringent regulations as they expand into new markets and a heightened demand from consumers for greater transparency around sustainability, supply chain, as well as complex tax and corporate issues. This is a Comprehensive global guide to all legal matters relating to the luxury and fashion industry.
On 22 September 2023, the Office of the Court Administrator (OCA) issued OCA Circular 335-2023, providing instructions for trial courts in instances where the prosecution seeks dismissal of criminal cases, based on the new evidentiary standard — “lack of prima facie evidence or reasonable certainty to sustain a conviction” — adopted by the Department of Justice earlier this year.