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Bankruptcy Moratorium Expiration: The Supreme Court of the Russian Federation Clarifies a Number of Key Issues
ALRUD Law Firm, January 2021

On January 7th 2021, the bankruptcy moratorium, which had been in effect since April last year, expired. The main conditions of the bankruptcy moratorium were described earlier in details: in newsletters “Moratorium on bankruptcy proceedings”and 'Russian bankruptcy moratorium extended until January, 2021”...

Winding-Up a Company: It Now Takes More to Wind-Up a Company, in the Same Amount of Time
Shearn Delamore & Co., January 2021

BackgroundSection 466(1)(a) of the Companies Act 2016 (“CA 2016”) provides that a company is deemed unable to pay its debts if it is indebted in a sum exceeding an amount prescribed and neglects to pay the sums stipulated in the notice of demand within 21 days of being served with the said notice.Through the issuance of the Prescription of Amount of Indebtedness of Company published on 26 January 2017 (“2017 Threshold Order”), this amount was fixed at RM10,000...

Covid-19: Further Relief for Contractual Parties through an Extension of Part II of the Covid-19 Act
Shearn Delamore & Co., January 2021

BackgroundOn 23 October 2020, the Malaysian government gazetted the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Act 2020 (“Covid-19 Act”). This Act, as evident from its name, is meant to provide temporary measures to ease the impact of Covid-19 on various sectors and industries in Malaysia. Areas addressed by the Covid-19 Act include inability to perform contracts, insolvency and limitation periods...

2021 Predictions: What’s on the Horizon for Construction?
Shoosmiths LLP, January 2021

The outlook for the year ahead is uncertain with the effects of post-Brexit rules to contend with and COVID-19 continuing to restrict the way we live and work. We look at what the year may have in store for the construction industry. COVID-19 There is no doubt that the pandemic has caused challenges for the construction industry and is likely to have a significant impact into 2021...

Is the COVID-19 Vaccination in a Child’s Best Interest?
Shoosmiths LLP, January 2021

If parents cannot agree whether their children should be vaccinated, they can make an application under Section 8 of the Children Act 1989 to ask a judge to determine the issue. In M v H (Private Law Vaccination) [2020],  the mother objected to the parties' two children aged six-years-old and four-years-old  being given routine childhood vaccines in accordance with the NHS vaccination schedule...

Capacity and Lockdown Part 3.0
Shoosmiths LLP, January 2021

The Court of Protection is a specialist Court, focussing solely on supporting vulnerable individuals. This past year has acutely highlighted the needs of those most vulnerable in our society and their dependency on others to help manage their affairs. The Court has had to adjust its practices in order to ensure that help and solutions are found for those lacking capacity with minimal delay...

Kuantan Port Consortium Sdn Bhd v MT HE XIE HAO v Chem-Specialties Sdn Bhd (Suit No. WA-27NCC-77-10/2019)
Shearn Delamore & Co., January 2021

In an admiralty action, can an intervener, not being the proper defendant, apply to set aside a warrant of arrest of a vessel on non-traditional grounds. The traditional grounds of setting aside warrant of arrest are, inter alia: in excess or lack of jurisdiction...

Proof by Sampling in Construction Cases
Shoosmiths LLP, January 2021

How does one resolve a dispute involving thousands of individual items where it is impractical to deal separately with each one? A recent decision in the Technology and Construction Court provides some guidance - but raises further questions. The case is Standard Life Assurance Limited v Gleeds (UK)(a firm) and Others (December 2020, TCC). Standard Life had engaged Costain as its main contractor for the development of a large residential and retail development in Berkshire...

Court of Appeal Holds Business Rates Payable Despite Property Guardian Scheme
Shoosmiths LLP, January 2021

The Court of Appeal has overturned a decision by the Upper Tribunal and confirmed that a property guardianship scheme did not mitigate liability for business rates. Background Property guardians are individuals who temporarily live in empty property at reduced rents, ostensibly to protect it from damage and squatters. Typically, they are students, key workers or young professionals looking for cheap living space...

When is a Change more than a Change?
Shoosmiths LLP, January 2021

Sometimes a claimant realises that it has made a mistake. Its case may be pleaded incorrectly, elements of its claim may be unsustainable or stronger claims could be available to it. With permission, amendments can be made but when do these changes become something more than a simple amendment? R G Carter In the recent case of R. G...

Power to the Contract
TSMP Law Corporation, January 2021

A recent court of appeal decision has definitively clarified the test for assessing the enforceability of liquidated damages clauses in Singapore. Contracting parties intending to incorporate liquidated damages clauses must be mindful of the type of damages that may be recovered in the event of default, especially when exercising a contractual right to terminate the contract...

Year in Review: Dispute Resolution
Simonsen Vogt Wiig AS, January 2021

To avoid a complete halt in critical functions in society, the government proposed a new law, the Corona Law, which provided the government with the authority to give regulations that were contradictory to statutory law. The most prominent feature on the field of litigation was the court’s new ability to decide that an oral hearing should be held by the use of videoconference. Furthermore, the Supreme Court also showed their ability to adapt quickly to the new situation...

Orchard Circle Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat: Section 8 of the Land Acquisition Act 1960
Shearn Delamore & Co., January 2021

A case note by Rajasingam Gothandapani and Lynnette Tan Hui Ling. INTRODUCTION It is trite that a declaration in Form D under section 8(1) of the Land Acquisition Act 1960 (“LAA”) lapses and becomes ineffective by effluxion of time if no award is made within two years from the date of its publication in the Gazette...

(WEBINAR) The Enforcement Challenge - Enforcing Arbitral Awards & Foreign Judgments in Indonesia, Malaysia & Singapore.
Shearn Delamore & Co., January 2021

Dear Clients and Friends  Drew Network Asia (comprising Drew & Napier LLC from Singapore, Makarim & Taira S. from Indonesia, and Shearn Delamore & Co. from Malaysia) is delighted to present a joint webinar with Omni Bridgeway, a leading global disputes finance company, on the enforcement of arbitral awards and foreign judgements in Singapore, Malaysia, and Indonesia. Details are set out below:   Date: Thursday, 14 January 2021 Time: 3.00 pm to 4.30 pm (SG/MY time) 2...

Whistle While You Work: Congress Strengthens Protections for Employees Reporting Antitrust Violations
Dykema, January 2021

The President recently signed into law the Criminal Antitrust Anti-Retaliation Act (S. 2258) (116th Cong. (2020)), which amends the Antitrust Criminal Penalty Enhancement and Reform Act of 2004. It grants stronger protections to employees who come forward with claims of antitrust violations. Specifically, the law prohibits employers from discharge, demotion, or suspension, as well as any discrimination against any employee who assists in a government antitrust investigation...

Adrian Azer and Michael Scanlon in Claims Journal: ‘Another COVID-19 Worry: What is My Deadline to File Suit?’
Haynes and Boone, LLP, January 2021

When the scope of the COVID-19 pandemic became apparent in March 2020, an avalanche of articles appeared in which many insurers took the position that there was no coverage for losses associated with the SARS-CoV-2 virus due either to a lack of physical loss or damage to property necessary to trigger coverage under most commercial property policies, or to the effect of virus exclusions found in many such policies...

HHS Confirms Providers’ Right to 340B Discount Pricing for Contract Pharmacies
Verrill, January 2021

As a holiday gift to providers, the U.S. Department of Health and Human Services (HHS) General Counsel recently issued a strongly worded Advisory Opinion indicating that federal law requires drug manufacturers to deliver covered outpatient drugs purchased by providers at 340B discounted rates to contract pharmacies, so that contract pharmacies can dispense such drugs to patients on behalf of providers. See HHS General Counsel Advisory Opinion, dated December 30, 2020...

Alberta Court of Appeal Encourages Use of Summary Judgment Rules
Lawson Lundell LLP, January 2021

  This post discusses the Alberta Court of Appeal's recent decision in Hannam v. Medicine Hat School District No. 76,[1] which stands as an emphatic reminder that the Supreme Court of Canada has directed courts to grant summary judgment when a fair and just determination can be made without a trial...

The Norwegian Supreme Court Rules on Access to Evidence in the MV "Cheshire" Litigation
Simonsen Vogt Wiig AS, January 2021

The underlying dispute relates to the MV «Cheshire» incident in 2017, where a cargo of fertiliser was subject to a major decomposition incident. The fertiliser that was carried on the vessel was damaged, and the vessel was declared a total loss. In February 2020, Oslo District Court ruled in favour of the cargo interests, holding the carriers  liable for the cargo loss (approx. USD 25 million) (TOSLO-2017-180657-1). The carriers have appealed the judgement...

Fourth Circuit Rules Debt Collection Provisions of West Virginia's Consumer Protection Statute Do Not Apply to Transactions Paid for at the Point of Sale
Spilman Thomas & Battle, PLLC, January 2021

The United States Court of Appeals for the Fourth Circuit recently decided that claims based on Article 2 of the West Virginia Consumer Credit and Protection Act ("WVCCPA"), including claims based on its FDCPA-like debt collection provisions, do not apply to transactions where the consumer pays at the point of sale. In Hinkle v. Safe-Guard Products Int'l, LLC, Hinkle purchased a new car at a local dealership...

Trademark Law Trends To Follow In 2021
Bradley Arant Boult Cummings LLP, January 2021

2020 was a busy year for trademark litigation, with three U.S. Supreme Court decisions and several high-profile lower court cases involving trademark law. But many folks are understandably eager to put 2020 in the rearview mirror. So too does this article focus on the future, with the following examination of key trademark litigation trends to watch for in 2021. Fallout From Fossil: Influx of Profits Awards? The Supreme Court's recent decision in Romag Fasteners Inc. v...

NEPA in the Ninth Circuit: A Rare Look at Impacts to Redwood Forests and "Downstream" Carbon Emissions
Hanson Bridgett LLP, December 2020

Key Points In a rare move, the Ninth Circuit Court of Appeals published two opinions about subjects that are hardly ever discussed in the court's published National Environmental Policy Act (NEPA) decisions. For the first time in more than three decades, the court examined impacts to an old-growth redwood forest, and for the first time since 2016, the court examined indirect (downstream) carbon emissions. In Bair v...

2020 GAO Bid Protest Annual Report Shows A Sharp Increase In The Use Of Alternative Dispute Resolution
Morris, Manning & Martin, LLP, December 2020

The Government Accountability Office (GAO) recently issued its Annual Report to Congress, which provides statistics concerning bid protest filings for Fiscal Year (FY) 2020, including the number of protests filed and sustained. The chart below, included in GAO's Annual Report, summarizes this information. Click here to view the summary table As shown above, most of the data points remained constant from the prior year...

The ICC 2021 Arbitration Rules: 7 Noteworthy Changes
ALTIUS/Tiberghien, December 2020

The International Court of Arbitration of the International Chamber of Commerce (‘ICC’) has issued a revised version of its Arbitration Rules. The 2021 Rules enter into force on 1 January 2021 and aim to make arbitration even more efficient, flexible and transparent...

Intellectual Property Measures Included in Spending and Coronavirus Relief Omnibus Bill
Dinsmore & Shohl LLP, December 2020

While most Americans are likely aware that President Donald Trump signed a pandemic relief and government spending bill into law on Dec. 27, 2020 (the “Omnibus Bill”),[i] it is important for those who have intellectual property assets to understand that tucked away into this nearly 5,600-page legislation are laws impacting copyrights, trademarks, and patents...

 

 

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