Member Blog Posts

    Blog: ALTIUS Blogs

    Copyright fit for the internet age? Belgium implements the DSM directive (Part 3: New rules governing copyright contracts)

    On 1 August 2022, the Belgian law transposing the Directive on Copyright in the Digital Single Market (“DSM directive”) (EU Directive 2019/790) was published in the Belgian State Gazette (NL / FR). The new law enters into effect immediately (with the exception of a few provisions).In our blog series highlighting the DSM directive’s implementation, we have been each day putting a spotlight on the key changes in four areas brought by the Belgian implementation of the DSM directive. In our first blog post, we discussed the DSM directive’s background and its Belgian implementation, as w...

    Blog: Labor & Employment Law Blog

    Employers Face Uncertainty After SCOTUS Abortion Rights Decision in Dobbs v. Jackson Women’s Health Organization

    The U.S. Supreme Court’s opinion in Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022), overruling Roe v. Wade, raised more questions than answers for U.S. employers. As a result of Dobbs, abortion is no longer a constitutionally protected right in the United States. As such, each state is left to determine how... Continue Reading

    Blog: Garrigues Labor Blog

    Bicycles for public servants: energy saving measures in the Administration

    In light of the risks posed by the current high dependence on energy, it is essential to implement measures that facilitate a reduction in the consumption of energy in the short term. These measures also apply to public servants. On May 26, 2022, the Official State Gazette published the resolution by the Cabinet passing the […] La entrada Bicycles for public servants: energy saving measures in the Administration apareció primero en Labor and Employment Law - Garrigues.

    Blog: BuildSmart

    SBA Expands Past Performance Universe for Small Businesses

    The U.S. Small Business Administration (SBA) recently issued a final rule that provides two new methods for small business government contractors to obtain past performance ratings to be used in support of offers on prime contracts with the federal government. The purpose of the rule is to address a common problem faced by small businesses...Continue Reading

    Blog: Garrigues Intellectual Property Blog

    Trademarks filed in bad faith: the Portuguese experience of the past 3 years

    When harmonising E.U. regulations, an extensive range of interpretations are tacitly accepted when new concepts arise. This is particularly true when the lawmakers find it difficult to define the boundaries of the term in question, given the plethora of situations it encompasses. Moreover, including these terms in our legal system is not an easy taskand […] La entrada Trademarks filed in bad faith: the Portuguese experience of the past 3 years apareció primero en Intellectual and Industrial Property Blog - Garrigues.

    Blog: The Business Law Blog

    Mind the Gap: Comments on Canada’s Tax Gap

    In June 2022, Canada published a report concerning its tax gap.[1] A “tax gap” is the difference between (a) the amount of money a tax authority could collect, in theory, if everyone complied with the law; and (b) the amount in fact collected. Canada’s tax gap has remained stable for the period 2014 to 2018, at 9% of tax revenue.[2] This translates to between $20 billion ...

    Blog: Appellate Insight

    Appellate Court Issues Groundbreaking COVID Insurance Coverage Opinion in Favor of Policyholders

    In an opinion that is the first of its kind in the California appellate courts, the Second District Court of Appeal, Division 7, has ruled that certain COVID-19-related business losses may be covered by business-interruption insurance (BII) policy provisions.  Marina Pacific Hotels & Suites, LLC v. Fireman’s Fund Ins., No. B316501, 2022 WL 2711886 (Cal. […] The post Appellate Court Issues Groundbreaking COVID Insurance Coverage Opinion in Favor of Policyholders first appeared on Appellate Insight.

    Blog: Antitrust Update

    GlaxoSmithKline Faces Antitrust Suit Over Alleged Inhaler “Hop”

    Missouri resident Elliot Conrad Dale recently filed an antitrust lawsuit against GlaxoSmithKline (“GSK”), claiming GSK employed a “device hopping” scheme to ensure uninterrupted patent and regulatory protection for its brand-name asthma inhalers Ventolin and Arnuity Ellipta.  The complaint, filed in the Western District of Missouri on behalf of putative nationwide and state antitrust classes, alleges [...]

    Blog: Project Law Blog

    Alberta Court of Appeal Rules that Federal Impact Assessment Act is Unconstitutional

    On May 10, 2022, the Alberta Court of Appeal handed down its decision on the constitutionality of the federal Impact Assessment Act (the “IAA”). The decision, rendered pursuant to a reference to the Court by the Alberta government, held that the IAA and its associated Physical Activities Regulations (the “Regulations”) are unconstitutional as they go beyond the ...

    Blog: NextGen Financial Services Report

    California Governor Newsom Signs Blockchain and Crypto Assets Executive Order: Familiar Agencies To Lead Efforts To Regulate New Technology

    On May 4, 2022, California Governor Gavin Newsom signed an executive order aimed at creating a framework for both regulating and developing the quickly growing blockchain and cryptocurrency industry. The Order follows President Biden’s March 9, 2022, Executive Order on Ensuring responsible Development of digital Assets. In a press release announcing the Order, the Governor’s... Continue Reading

    Blog: Declassified

    What to Expect When You’re Expecting a Biometric Class Action: Settlements

    Biometric class actions have proliferated in recent years — and with more states eyeing comprehensive data privacy legislation, companies that use biometric data should plan for the surge to grow. With rare exceptions, these cases end either in settlement or via a successful dispositive motion. In this post, we will discuss some of the trends... Continue Reading

    Blog: Ireland IP & Technology Law Blog

    Another Step Closer to a Unified EU Patent Court

    We reported last year that the Unitary Patent and Unified Patent Court (UPC) were progressing. The main hurdle to clear was sufficient countries ratifying the Protocol on the Provisional Application (PAP-Protocol) of the UPC Agreement to allow the provisional application period (PAP) to begin. On 27 September 2021 Germany ratified the PAP-Protocol and on 15...Continue Reading…

    Blog: Biologics Blog

    Federal Circuit Upholds Jury Award, Weighs in on Willfulness Standard, in Adynovate® Dispute

    According to the Federal Circuit, $173 million was the right damages award for almost three years of patent infringement resulting from Baxalta’s sale of its biologic product Adynovate® (Antihemophilic Factor (Recombinant), PEGylated).  In Bayer Healthcare LLC v. Baxalta Inc., et al., Nos. 2019-2418, 2020-1017 (Fed. Cir. 2021), the circuit court upheld an award to Bayer [...]