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Buchalter COVID-19 Client Alert: Court Decision Expands Families First Coronavirus Response Act Coverage
Buchalter, August 2020

A recent New York federal court decision has called into question whether businesses may safely rely on Department of Labor guidance regarding the recently passed Families First Coronavirus Response Act (FFCRA). The FFCRA provides employees of businesses with fewer than 500 employees with two temporary forms of paid leave—Emergency Paid Sick Leave and Emergency Family and Medical Leave...

Non-US Financial Institutions may Address Risks of Secondary Sanctions in Contracts
Deacons, August 2020

In the recent English case of Lamesa Investments v Cynergy Bank [2020] EWCA Civ 821, the Court of Appeal (“CA”) affirmed the High Court (“HC”)’s ruling that non-US financial institution borrower Cynergy’s (a) refusal to pay Lamesa did not constitute a default where the ultimate beneficial owner of Lamesa remained a blocked person under US sanctions law based on a clause in the facility agreement that Cynergy would not be at fault if a sum was not paid

How Parties Structure their Relationship may Affect Tortious Liability
Deacons, August 2020

In John Innes Foundation and Others v. Vertiv Infrastructure Limited [2020] EWHC 19 (TCC), England’s Technology and Construction Court had to decide whether a sub-contractor to a managing agent maintaining standby power equipment was liable to the owners of premises for failure to make site visits and therefore identify that batteries (said to have caused a fire on the premises) needed replacing...

Court Held that Jurisdiction Clause in Settlement Agreement Superseded Arbitration Clause in Original Agreement
Deacons, August 2020

The recent case of Bond Tak (Holdings) Ltd v King Fame Trading Ltd, HCA 2129/2018, concerned an application by the Defendant to dismiss or permanently stay the High Court action on the grounds that the dispute was subject to an arbitration agreement and should be submitted to arbitration or, alternatively, the action should be stayed on the grounds of forum non conveniens and in favour of the Intermediate People’s Court of Guangzhou City in Mainland China (Guangzhou Court)...

Court Set Aside Order to Enforce Arbitral Award for Material Non-Disclosure
Deacons, August 2020

In the recent case of 1955 Capital Fund I GP LLC & ANOR v Global Industrial Investment Ltd, HCCT 61/2019, Hong Kong’s Court of First Instance set aside an Enforcement Order, whereby the Applicants had been given leave to enforce in Hong Kong an arbitration award (Award) made in California. The Court found that there had been material non-disclosure by the Applicants in their affidavit in support of the application for the Enforcement Order...

Unprecedented: COVID-19 Litigation Trends - Issue 18, 2020
Spilman Thomas & Battle, PLLC, August 2020

This 18th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us return to what, even in these early days of the pandemic, must be considered as some of the hottest topics. Thus, we discuss new insurance coverage disputes from the owners of Cheers in Boston and the internationally known restaurateur Jose Andres in Washington, D.C...

California Supreme Court Upholds Pension Reform Changes As Constitutional
Hanson Bridgett LLP, July 2020

Key Points The California Supreme Court clarified the so-called California Rule on public employee’s "vested rights" to pension benefits, holding that detrimental financial changes to employee pension benefits do not invariably require that offsetting comparable new advantages be provided. And it set a legal framework for analyzing that issue...

From Frying Pan to Fire: Strategic Issues When Reimbursement Disputes Turn Into Criminal Investigations
Buchalter, July 2020

Early on the morning of June 13, 2017, over one hundred federal agents raided facilities across southern California belonging to behavioral health provider Sovereign Heath. The agents provided search warrants indicating that they were seeking evidence of fraudulent billing and kickbacks...

Unprecedented: COVID-19 Litigation Trends - Issue 17, 2020
Spilman Thomas & Battle, PLLC, July 2020

This 17th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses everything from insurance coverage disputes to statewide shutdown orders. Despite an uphill climb towards liability, businesses continue to challenge their insurers' denials of COVID-19-related claims. At the same time, they are looking to Congress for help against potentially ruinous liability claims while also trying to shift current COVID-19-related litigation to the federal courts...

Court Allows Service of Court Documents by Access to Online Data Room
Deacons, July 2020

In the recent case of Hwang Joon Sang & Anor v. Golden Electronics Inc. & Ors (HCA 1529/2019; [2020] HKCFI 1084), Hong Kong’s Court of First Instance allowed a novel mode of ordinary service of court documents, using an online data room, to which the persons so served were given access by being sent a previously Court-approved letter providing a link to the data room with clear pictorial instructions, and by separate communication an access code to the data room...

CFA confirms no pre-existing legal relationship required for one to be an “agent” of another for bribery offences
Deacons, July 2020

Section 9 of the Prevention of Bribery Ordinance (Cap. 201) (POBO) criminalizes corrupt transactions with agents in both public and private sectors. The first question which would come to one’s mind is, who is an “agent”? Under section 2 of the POBO, an “agent” includes “a public servant and any person employed by or acting for another”...

Court permits and encourages banks to comply with disclosure orders by uploading documents to online data room
Deacons, July 2020

In Hwang Joon Sang & Anor v. Golden Electronics Inc. & Ors (HCA 1529/2019; [2020] HKCFI 1233), the Court made an order requiring various banks to supply documents by way of disclosure to the Plaintiffs and permitting (indeed, encouraging) the banks to do so by use of electronic or digital versions of those documents being uploaded to a data room...

Can you Get a Vesting Order for Cyber Fraud Cases?
Deacons, July 2020

Cyber frauds, in particular email scams, have become a common trend of crime in Hong Kong in recent years. Fraudsters use various means to deceive the victims into transferring money to unauthorised bank accounts. Upon discovery of the fraud and based on information obtained from the bank, the victim may apply for an injunction from the court to freeze the recipients’ bank accounts and if the victim is lucky enough, there will be some credit balance left to recover...

Buchalter COVID-19 Client Alert: Excusing Contractual Performance in Real Estate Agreements in the Age of COVID
Buchalter, July 2020

  Since the outbreak of the COVID-19 pandemic, local municipalities and state governments throughout the country have implemented stay-at-home orders and mandated closures of businesses and restaurants to lower the spread of the disease. California, after having permitted much of the state to reopen businesses, has seen a recent spike in COVID-19 cases and on July 13th implemented a new statewide order to curb the increase, reimposing certain business closures...

Alert to Product Liability Defense Counsel: United States Supreme Court Set to Again Address Specific Personal Jurisdiction
Bradley Arant Boult Cummings LLP, July 2020

Companies subject to product liability lawsuits – and their counsel – know the importance of promptly examining whether the company is subject to general personal jurisdiction or specific personal jurisdiction of the forum court. A court with general personal jurisdiction over a defendant can hear any and all claims against that defendant. After the United States Supreme Court’s decisions in Daimler AG v. Bauman, 134 S. Ct 746 (2014) and BSNF Railway Co. v...

Unprecedented: COVID-19 Litigation Trends - Issue 16, 2020
Spilman Thomas & Battle, PLLC, July 2020

This 16th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses claims ranging from insurance coverage disputes to prisoners’ rights. The top story this week, however, is undoubtedly a Michigan ruling that dismissed business interruption claims on the merits—a major early victory for insurers. Even so, it seems doubtful that this one ruling will slow down the flood of coverage disputes...

Reflections on the Supreme Court — Past and Present
Waller, July 2020

When I became a judicial law clerk right out of law school, my boss, a federal judge in Houston, Texas, explained to me that the goal of his job (and therefore mine) was to find the right answer and do the right thing. That was, in a sense, easy enough. Research the law, and figure out how it applies to the particular facts of each case — because following the law is the right thing to do. Of course, judges will disagree about how the law should apply...

California Appellate Court Affirms Medi-Cal’s Obligation To Pay FQHCs 100% Of Their Reasonable Costs
Hanson Bridgett LLP, July 2020

In a landmark victory for Federally-qualified health centers, a California Court of Appeal confirmed last October that federal and state law requires the State of California to pay FQHCs “100 percent” of their costs of furnishing core and other ambulatory services to Medi-Cal beneficiaries. (Tulare Pediatric Health Care Center v. State Department of Health Care Services (2nd Dist. 2019) 41 Cal.App.5th 163...

The First COVID-19 Business Interruption Decision Sides In Favor of Insurers
Dinsmore & Shohl LLP, July 2020

In what appears to be the first substantive dispositive ruling on a COVID-19 related business interruption insurance claim, a Michigan court has dismissed an insured’s business interruption claim, finding that the insured did not suffer a direct physical loss and no insurance coverage exists for the insured’s claim...

Unprecedented: COVID-19 Litigation Trends, Issue 15
Spilman Thomas & Battle, PLLC, July 2020

This 15th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. This week we note how COVID-19 has accelerated a pre-existing trend toward class action litigation. And we discuss specific trends involving workplace safety, mask requirements, shutdown orders, quarantine enforcement, and prisoners’ rights. These cases, and others like them, show no signs of cooling down as the summer heats up...

Legal Checklist: How to Make your Business Sustainable in the Face of New Challenges
ALRUD Law Firm, July 2020

The current crisis has challenged the strength of all companies. It has forced businesses to quickly address new issues that often were outside their agenda earlier. During this period, most of businesses have managed to temporarily adapt, or radically change their processes and strategies; establish a flawless remote operation; transform the pattern of cooperation with counterparties and partners; reallocate resources and learn to communicate with their employees under crisis...

Competition Law Enforced Against Retailer for RPM, Whilst Supplier Immune
Shoosmiths LLP, July 2020

UK and EU competition law provides that retailers must be free to determine their own resale prices.  Actions by suppliers to restrict this freedom by dictating a fixed or minimum resale price are prohibited. The UK regulator, the Competition and Markets Authority (CMA) has vigorously enforced the law in this area, regularly pursuing investigations into and ultimately imposing fines on suppliers who engage in resale price maintenance...

Last Chance for ACA-Related Protective Refund Claims for 2016
Hanson Bridgett LLP, July 2020

Key Points The Supreme Court's upcoming decision regarding the Affordable Care Act could render its tax provisions retroactively unconstitutional. Depending on the outcome, there is a potential opportunity for refunds on open tax years for taxpayers who paid the net investment income tax and additional Medicare tax. For most taxpayers, the deadline for a protective claim of refund on a 2016 tax return, filed without extensions, is July 15, 2020...

Sorry, Wrong Number: The Ninth Circuit and TCPA Liability
Spilman Thomas & Battle, PLLC, July 2020

The Ninth Circuit Holds that Callers are Subject to TCPA Liability if the Callers Intend to Make Automated Calls to a Consenting Customer, but Instead Call Someone Else Introduction On June 3, 2020, the United States Court of Appeals for the Ninth Circuit dealt a blow to callers governed under the Telephone Consumer Protection Act (“TCPA”)...

Unprecedented: COVID-19 Litigation Trends, Issue 14
Spilman Thomas & Battle, PLLC, July 2020

This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic. Shutdown litigation is increasingly focusing on alleged disparate treatment between businesses and protesters, as well as broadening to encompass challenges to mask requirements...



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