Member Blog Posts

    Blog: Garrigues Intellectual Property Blog

    Trademark registration: Banksy laughs last and longest

    The EUIPO Board of Appeal has declared the validity of a trademark containing the well known work of the graffiti artist Banksy ‘Laugh Now But One Day We’ll Be In Charge’, having deemed that it was not registered in bad faith. In recent years, the EUIPO Cancellation Division has decided to invalidate several trademarks by […] La entrada Trademark registration: Banksy laughs last and longest apareció primero en Intellectual and Industrial Property Blog - Garrigues.

    Blog: Garrigues Labor Blog

    Spain: Can companies combat the effects of inflation with a labor-related measure?

    Inflation and the general increase in prices that is occurring in Spain and throughout Europe has led companies to consider flexibility measures available under Spanish law to enable them not to have to increase their employees’ salaries in the same proportion. This concern is greater at companies that are subject to collective labor agreements that […] La entrada Spain: Can companies combat the effects of inflation with a labor-related measure? apareció primero en Labor and Employment Law - Garrigues.

    Blog: Privacy and Information Security Law Blog

    UK Finalizes South Korea Adequacy Decision

    On November 23, 2022, the UK government’s Department for Digital, Culture, Media & Sport announced that it had completed its assessment of South Korea’s personal data legislation, and concluded that sufficiently strong privacy laws are in place to protect UK personal data transferred to South Korea while upholding the rights and protections of UK citizens. Continue Reading

    Blog: BuildSmart

    DOD Issues Guidance for ESOP Pilot Program

    On November 8, 2022, the Department of Defense (DOD) issued a memorandum that provides details on a pilot program that allows government contractors owned 100% by an S-corporation employee stock ownership plan (ESOP) to receive a noncompetitive award for certain follow-on contracts. According to the memorandum, the program is limited to only nine “entities,” and...Continue Reading

    Blog: Hunton Immigration and Nationality Law

    December 2022 Visa Bulletin – Further Retrogression for EB-2 India

    The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated. Below is a summary of the December Visa Bulletin, including Final Action Dates and changes from the previous month. Continue Reading

    Blog: Haynes and Boone Blogs

    More COBRA Election Notice Litigation: Are Your Mailing Procedures Adequate?

    The last few years have seen dozens of lawsuits filed alleging failures associated with COBRA election notices. Generally, these complaints allege that (i) any deviations from the DOL model COBRA election notice (a) were done to save money for the employer and deter employees from electing coverage, and (b) resulted in a notice that would […] The post More COBRA Election Notice Litigation: Are Your Mailing Procedures Adequate? appeared first on Haynes and Boone Blogs.

    Blog: NextGen Financial Services Report

    Are Yield Maintenance and Make-whole Provisions in Jeopardy? Recent Fifth Circuit Decision Casts Serious Doubt on Enforceability of Such Loan Provisions in the Context of Bankruptcy.

    Bankruptcy provides an opportunity for a fresh financial start. In that spirit, creditors’ contractual rights are often impaired. But what happens in those rare circumstances when a debtor is deemed solvent? According to a recent decision from the United States Fifth Circuit Court of Appeals in In re: Ultra Petroleum Corp., solvent debtors are fully... Continue Reading

    Blog: Appellate Insight

    Judicial Notice on Appeal (Part Two): Discretionary Subject Matter

    Appellate courts have broad power when it comes to judicial notice, and that power is comprised of two types of matters: mandatory and discretionary. In the first part of this two-part post, I discussed matters that an appellate court must judicially notice. (See Judicial Notice on Appeal: Mandatory Subject Matter, Appellate Insight, October 2021.) This […] The post Judicial Notice on Appeal (Part Two): Discretionary Subject Matter first appeared on Appellate Insight.

    Blog: Labor & Employment Law Blog

    EEOC Releases Workplace Discrimination Poster: What Employers Need to Know

    On October 20, 2022, the Equal Employment Opportunity Commission (EEOC) unveiled a new version of the “Know Your Rights: Workplace Discrimination is Illegal” poster which updates and replaces the previous “EEO is the Law” poster. This poster also supersedes an October 19, 2022, version of the “Know Your Rights” poster. Covered employers are required to... Continue Reading

    Blog: Ireland IP & Technology Law Blog

    Digital Services Act published in EU’s Official Journal

    The Digital Services Act (DSA) was published in the Official Journal of the European Union today. It will enter into force on 16 November 2022, i.e. 20 days from the date of publication in the Official Journal. Who will be affected? The DSA will apply to a range of providers of digital “intermediary services” (which...Continue Reading…

    Blog: Declassified

    Circuit Split on Incentive Payments to Class Representatives Deepens

    Two years ago, in Johnson v. NPAS Solutions, LLC, the Eleventh Circuit upended decades’ worth of precedent by categorically forbidding incentive payments to class representatives in class action settlements. In the past month, however, the Second and Ninth Circuits have rejected the Eleventh Circuit’s NPAS decision, concluding that there is no automatic bar of incentive... Continue Reading

    Blog: The Business Law Blog

    New “Listed Issuer” Exemption Permits Simpler Public Offerings for Listed Issuers

    The Canadian Securities Administrators (“CSA”) recently announced amendments to National Instrument 45-106 – Prospectus Exemptions introducing a new prospectus exemption that is expected to take effect on November 21, 2022 (the “Listed Issuer Exemption”). Listed issuers that qualify for the Listed Issuer Exemption will be able to distribute freely ...

    Blog: Antitrust Update

    An Unexpected Dispute Delays the DOJ’s First No-Poach Conviction and Other Recent Developments in its Labor-Market Antitrust Prosecutions

    The DOJ’s efforts to prosecute alleged wage-fixing and employee non-solicitation agreements have continued to develop over the last few months.  (Check here for our previous coverage of this prosecution trend.)  Most notably, the DOJ nearly secured its first criminal conviction on a no-poach charge, as a defendant in United States v. Hee expressed its intent to [...]

    Blog: Project Law Blog

    The Alberta Energy Regulator Releases New Guidance on Geothermal Regulatory Scheme

    On August 15, 2022 the Alberta Energy Regulator (AER) published Directive 089: Geothermal Resource Development (Directive 89) which provides guidance on general geothermal development requirements including an overview of relevant rules and regulations throughout the geothermal resource lifecycle, and specific technical and licencing requirements for ...