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US-India Partnership in the Defence Sector Under the Atmanirbhar Bharat (Self-Reliant and a Resilient India)
Kochhar & Co. Advocates & Legal Consultants, October 2020

Background and about Atmanirbhar Bharat The idea of Atmanirbhar Bharat,or self-reliance, was at the heart of the Hon’ble Prime Ministerof India, Shri Narendra Modi’s address to the nation on 12May 2020 when he announced an economic package towards building aAtmanirbhar Bharat, or a self-reliant, resilient India...

COVID-19 – A Force Majeure Event or Simply a Pandemic?
Kochhar & Co. Advocates & Legal Consultants, October 2020

Introduction What is known to exist but is not visible is surrounded by mystery. It excites the imagination and people spin yarns about it. Though that is not true when it comes to novel coronavirus (“COVID-19”), the outbreak of which has been globally reported, COVID-19 has caused worldwide unprecedented disruptions to business operations; and the commercial turmoil continues...

UAE Introduces Filing Requirements Relating to Beneficial Ownership - Deadline of 27 October 2020
Afridi & Angell, October 2020

On 24 August 2020, the UAE issued Cabinet Resolution 58 of 2020 on Regulating the Procedures of the Real Beneficiary (the Resolution). The Resolution, amongst other things, aims to establish a legal framework for identifying and recording details of real beneficiaries of entities licensed to conduct business in the UAE. The Resolution is an additional step towards the UAE’s efforts in combating money laundering, the financing of terrorism and illegal organisations...

Legal 500 Country Comparative Guides
AELEX, October 2020

AELEX is the exclusive contributor to the Nigerian Chapter of The Legal 500 (Legalease): Franchise and Licensing Country Comparative Guides. The country specific Guide provides a pragmatic overview of how businesses can set up franchises and also license their technology and intellectual property rights in Nigeria. The Guide was authored by our Davidson Oturu,Tiwalola Osazuwa and Kofoworola Oyegunle. Please click here to read the Guide...

Post-No-Debit Orders on the Accounts of Customers: Limitation to the Powers of Regulatory Agencies and Financial Institutions
AELEX, October 2020

INTRODUCTION There are several government agencies regulating various sectors of the Nigerian economy. Most of these regulatory agencies are creation of statutes which usually specify their functions, powers and general mode of operations. While some of these agencies are responsible for sensitising the citizens about government policies,[1]a good number are charged with the task of enforcing policies, programmes and laws enacted by the Government...

COVID-19 and Unprecedented: Litigation Insights, Issue 28
Spilman Thomas & Battle, PLLC, October 2020

This 28th edition of Unprecedented, our weekly update on COVID-19-related litigation, includes a number of updates on the mounting number of business interruption coverage disputes -- including a claim against a broker whose alleged failure to obtain infectious disease coverage left the insured without coverage for COVID-19-induced losses...

Weekly Digest: COVID-19 Resources from Bradley
Bradley Arant Boult Cummings LLP, October 2020

This digest is a curated list of Bradley content regarding the coronavirus. In an effort to provide our clients with the easiest way to find information that may be beneficial in responding to the impact of COVID-19, we have provided links to our most recent blog posts, news alerts, webinar recordings and more. Additionally, this digest will now be deployed on a weekly basis in an effort to reduce the number of emails our clients receive...

Weekly Digest: COVID-19 Resources from Bradley
Bradley Arant Boult Cummings LLP, October 2020

This digest is a curated list of Bradley content regarding the coronavirus. In an effort to provide our clients with the easiest way to find information that may be beneficial in responding to the impact of COVID-19, we have provided links to our most recent blog posts, news alerts, webinar recordings and more. Additionally, this digest will now be deployed on a weekly basis in an effort to reduce the number of emails our clients receive...

Equitable Remuneration for Performers and Producers: Has the CJEU Hit the Right Note?
Lawson Lundell LLP, October 2020

In a judgment of 8 September 2020, the Court of Justice of the European Union (“CJEU”) ruled that Member States are not allowed to exclude performers who are nationals of States outside the European Economic Area (“EEA”) from perceiving the equitable remuneration provided by Article 8(2) of the Rental and Lending Rights Directive...

Insurer Remedies for Fraudulent Claims
MinterEllisonRuddWatts, October 2020

In its recent decision in Taylor v Asteron Life Ltd,[1] the Court of Appeal discusses the fraudulent claims rule – the first time that this rule has been considered in any detail by an appellate court in New Zealand. The Court held that under this rule, a term is implied into every insurance contract, requiring the insured to act honestly when making a claim...

Court of Appeal Clarifies the Effect of Aggregation Clauses
MinterEllisonRuddWatts, October 2020

In Moore v IAG New Zealand Limited, the Court of Appeal provides helpful guidance on how aggregation clauses in insurance policies are to be interpreted and applied. Background This case concerned the plaintiff’s home, which was damaged in the February 2011 and June 2011 Christchurch earthquakes. Approximately $2.08 million of damage was caused by the February earthquake and $2.77 million of damage was caused by the June earthquake...

Regulatory Update: Progress on Financial Advice and Conduct Regimes Despite COVID-19 Delays
MinterEllisonRuddWatts, October 2020

In this article, we examine the progress of key regulatory changes for insurers and other financial institutions, and the further delays resulting from COVID-19. When New Zealand finished the first lockdown in May, regulators indicated that proposed law changes would be delayed due to COVID-19 but remained optimistic that progress could be made towards the end of this year. However, with the second lockdown for Auckland in August, further delays are expected...

Tribunal Requires Claimants to “Prove Their Case”
MinterEllisonRuddWatts, October 2020

In a recent decision, the Canterbury Earthquakes Insurance Tribunal has reiterated that claimants must substantiate their claims against insurers and other parties. The decision also underscores the Tribunal’s pragmatic approach in determining claims. The claim The Cowies’ company owned a property in Canterbury which allegedly suffered damage in the 4 September 2010 earthquake...

No Safe Haven for Contractors Misusing Confidential Information
MinterEllisonRuddWatts, October 2020

In a recent High Court decision, Haven Insurance Limited v Lombard [2020] NZHC 1248, several former contractors to insurance broker Haven Insurance Limited were held liable for misusing confidential information. Haven’s claim was, however, somewhat hampered by a failure to ensure that the relevant contractual arrangements were properly documented, serving as a reminder to ensure that arrangements are formalised...

Class Actions and Litigation Funding Project Revived
MinterEllisonRuddWatts, October 2020

The Law Commission will soon seek feedback in its Class Actions & Litigation Funding Review Project. This is an area of continued interest to the insurance market. The Law Commission’s review Class actions The Law Commission will first look at class actions: proceedings brought by or on behalf of a group of plaintiffs with the same interest. Unlike other jurisdictions, New Zealand does not have a comprehensive class actions regime...

Cyber Attacks and the Insurance Response
MinterEllisonRuddWatts, October 2020

New Zealand’s stock exchange, NZX, recently suffered cyber-attacks on six consecutive working days. The attacks left it unable to facilitate trading in shares, in its debt market, the Fonterra shareholders’ market and derivatives market, although participants remained able to conduct direct, negotiated trades. The NZX attack is typical of cyber-attacks against businesses which are becoming increasingly common...

The Privacy Act 2020: What Insurers Need to Know
MinterEllisonRuddWatts, October 2020

Businesses are operating in a world in which cyber threats are becoming more widespread (it is now a matter of when, not if) and individuals are increasingly prepared to act to protect their personal information or make claims if their privacy has been breached...

Court of Appeal upholds the High Court’s decision in Southern Response Earthquake Services Ltd v Dodds
MinterEllisonRuddWatts, October 2020

The Court of Appeal has upheld the High Court’s decision inSouthern Response v Dodds, which found that Southern Response induced the Dodds to settle their earthquake insurance claim by misrepresentations as to the cost to reinstate their home. This decision is significant for Southern Response insureds – many of whom settled their earthquake claims on abridged cost estimates provided to them by Southern Response...

Landmark UK Business Interruption Case
MinterEllisonRuddWatts, October 2020

In our previous edition of Cover to Cover, we discussed the various jurisdictions in which insurers’ approaches to business interruption cover following COVID-19 were being scrutinised. In the UK, the Financial Conduct Authority (FCA) initially worked together with insurance companies to aim to provide transparency and clarity in their existing policies for their insureds...

Why Is My Company Being Sued For Patent Infringement In Waco, Texas?
Hunton Andrews Kurth LLP, October 2020

Nestled midway between Dallas and Austin, Waco, Texas, with a population of around 144,000 people, is the home of the Texas Ranger Hall of Fame and Museum, the Dr. Pepper Museum, Baylor University, and Chip and Joanna Gaines’ Magnolia Market; and it now has one of the busiest courts for patent infringement in the nation. Approximately one in five new patent cases in 2020 were filed in the Waco Division of the Western District of Texas (WDTX)...

Court Rejects Challenge to M&A Transaction Despite Activist Pressure
Hunton Andrews Kurth LLP, October 2020

 In Rudd v. Brown, the Delaware Court of Chancery dismissed a stockholder’s claim that directors had breached their fiduciary duties by pursuing a sale of the company to avoid a proxy contest threatened by an activist hedge fund...

How to Protect my Trademarks and Ideas?
Morgan & Morgan, October 2020

You are undertaking a project for a new business, a startup.You already have the financial/commercial side well thought-out, and have commissioned a designer to sketch a logo and design a corporate identity under the brand you have decided to use. You buy stationery, signs, business cards, among others...

Coronavirus: Financing Moratoriums
PLMJ, October 2020

To combat the economic consequences of the COVID-19 pandemic, the government approved Decree-Law 10-J/2020 of March 26 (the “Decree-Law”). The Decree-Law established a set of economic measures to protect liquidity and treasury, and in this document, we focus on the financing moratorium...

Hyperlinking and Copyright Law: When Does the Copyright Holder Have a Say In It?
ALTIUS/Tiberghien, October 2020

The functioning of the World Wide Web is in many ways dependent on the use of hyperlinks. Many of those hyperlinks refer to works protected by copyright. In his recent Opinion, Advocate General Szpunar has considered which kinds of hyperlinks should be regarded as a communication to the public that require the copyright holder’s prior authorisation...

Russian Bankruptcy Moratorium Extended until January, 2021
ALRUD Law Firm, October 2020

This is to inform you that the Resolution of the Government of the Russian Federation dated October 01, 2020 No. 1587, has extended the moratorium on bankruptcy of companies, at the request of their creditors, until January 07, 2021. In this regard, we would like to draw your attention to the key provisions related to the moratorium regime and its extension. Moratorium – the first results...

 

 

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