English Language Document Submissions for IssuersUnder the Financial Instruments and Exchange Act of Japan (the “FIEA”), applicants and listed companies of the TSE must submit certain disclosure documents in Japanese to the relevant Japanese regulators. However, the English-language disclosure system allows foreign applicants and listed companies of the TSE to supply English language documents in place of the Japanese disclosure documents, if the documents “were actually disclosed in a foreign country pursuant to laws and regulations, including rules of a stock exchange or an equivalent institution, in the foreign country,” and are not deemed “inadequate in consideration of the public interest and investor protection in Japan.” … [Read more...] about The Tokyo Stock Exchange: Gateway to the Asian Market
Market penetration vs market development
Finally, the MC suggests strengthened enforcement of the rights of other market participants, the review of regulations requiring providers of online services to make technical pre-adjustments to avoid violation of other market participants’ rights (e.g., copyright or privacy rights) and the introduction of technical standards to enable users to select horizontal and vertical search providers via apps or a browser. … [Read more...] about German Monopolies Commission Publishes its Report on Digital Markets
Open Enrollment Dates for 2018Under the proposed rule, the open enrollment period for the benefit year beginning Jan. 1, 2018, would be shortened from 90 days to 45 days. The open enrollment period would be changed from Nov. 1, 2017-Jan. 31, 2018, to Nov. 1, 2017-Dec. 15, 2017. This change would require individuals to enroll in health insurance coverage before the beginning of the benefit year, unless a special enrollment period is available. This shortened open enrollment period would improve the risk pool for the exchanges because it would reduce opportunity for individuals to enroll after the benefit year has commenced and they discover a health problem. It would also encourage healthy individuals to join for an entire benefit year. This is consistent with the open enrollment periods for benefit years beginning Jan. 1, 2019, and beyond. … [Read more...] about Proposed Rule Seeks Market Stabilization for Health Insurance Exchanges
In In the Matter of HIH Insurance Ltd (In Liquidation) and others (“In re HIH”), the Court considered for the first time whether to apply a “fraud on the market” theory of recovery. There, the plaintiffs were shareholders in HIH Insurance Limited (“HIH”), a publicly listed company that was in liquidation. The plaintiffs had all purchased their shares between October 26, 198, and March 15, 2001, during which time HIH released several relevant documents: a prospectus, final results for FY 1999, interim results for FY 2000, and final results for FY 2000. HIH admitted that the documents overstated its operating profit and net assets, rendering them misleading and deceptive. … [Read more...] about After Adopting the “Fraud-on-the-Market” Presumption of Reliance, Australia is Poised to Become a Plaintiff-Friendly Venue
18. “Interested” necessarily connotes “Interested” at any point of time prior to the occurrence of which the witness happens to be an eyewitness. Theoretically, everyone who witnesses the commission of violent crime may feel revolted by the crime and ideally, may feel it is his duty to report the matter to the police and thereafter give evidence in court. However, in the practical world, one finds considerable reluctance on the part of our people to get involved in any matter in the process of criminal justice. In this context, a close relation or friend of the victim may not share such reluctance and may come forward to get involved in the process, irrespective of any prior ill feeling or enmity towards the accused. In the general sense, he can be said to be “interested” in the victim. Such a witness may feel revolted by the occurrence he witnessed and may, on that account, develop dislike towards the accused. But … [Read more...] about Who is an Interested Witness? IS Raju alias Balachandran and others vs. State of Tamil Nadu (AIR 2013 SC 983) Correctly decided ?