November 15, 2024 By: Artin Betpera, Christina Morgan and David Liu I. Introduction Any business operating a website needs to be aware of the proliferation of lawsuits targeting websites which use any type of customer tracking technology. While advantageous to the business in its marketing efforts, the data collection subjects the business to potential liability ...
The question of who bears the loss suffered as a result of a business email compromise was answered by the Western Cape division of the High Court in the recent judgment ofGripper & Company (Pty) Ltd v Ganedhi Trading Enterprises CC. Background Facts Gripper & Company (Pty) Limited (“Gripper”) and Ganedhi Trading Enterprises CC (“Ganedhi”) have been dealing with each other since 2014 ...
The new Network and Information Systems Directive (NIS2) came into effect on 18 October 2024 and with it comes an overhaul of the way in which cybersecurity risk management is regulated in Europe. Given that cloud-based architecture is now considered the industry-norm, data centres have become the custodians of the vast majority of our digital economy and form a core aspect of any critical infrastructure or service ...
Businesses involved in, or contemplating litigation are advised to give serious consideration to ADR from the outset of a dispute as well as during the lifecycle of a claim. For those parties who relish their day in Court and pay lip service to alternative dispute resolution (“ADR”), the recent amendments to the Civil Procedure Rules (“CPR”) will make life harder for those parties as the Courts now have the power to order parties to engage in ADR ...
Chapter 647 of the Laws of Malta, titled the Markets In Crypto-Assets Act (hereinafter referred to as “Chapter 647”), integrates all aspects of Regulation (EU) 2023/1114 of the European Parliament and Council on markets in crypto-assets (“MiCAR”) ...
On October 11, 2024, the United States Department of Defense (DOD) published a final rule implementing its Cybersecurity Maturity Model Certification (CMMC) program, which is designed to verify that defense contractors are adequately protecting sensitive information from cybersecurity threats. The CMMC applies to contractors who process, store, or transmit Controlled Unclassified Information (CUI) or Federal Contract Information (FCI), which is most DOD contractors ...
The domestic implementation of NIS2 continues to advance at pace. In this note, we outline Italy’s formal adoption of NIS2, highlight the key dates you need to know for registration, compliance and enforcement. For further information about NIS2, including sector-specific guidance, please visit our Resiliency page ...
In October of 2024, the Office of Federal Contract Compliance Programs (“OFCCP”) announced it had received two Freedom of Information Act (“FOIA”) requests to disclose EEO-1 Type 2 Consolidated Report data, which is filed annually by prime federal government contractors and first tier sub-contractors. The Type 2 report is one of the annual filings required for multiple-establishment covered contractors. The report includes demographic data for all U.S ...
The Krogerus Data Symposium 2024 brought together hundreds of data and AI experts on 23 October at Lasipalatsi to discuss the upcoming changes brought by the Data Act and the AI Act. This year, the programme highlighted both the practical challenges and opportunities that technological advancements and the EU legislator's responses to them will present to companies' operations ...
1. Introduction We are not only living in a digital age but also in an age where individuals and businesses increasingly depend on banks for their day-to-day activities. The convergence of these two factors is compounded with the increased use of artificial intelligence (AI) both generally and specifically in the banking sector. From a general perspective, AI start-ups in 2013 received USD 2 bn in investments globally which increased twelvefold in 2018 to USD 24 bn [1] ...
Resolutions and meetings of Guernsey Companies The articles of incorporation (the “Articles”) of a company must always be checked for specific requirements relating to general meetings. Note, however, that in certain circumstances the Articles may be overridden by The Companies (Guernsey) Law, 2008 (as amended) (the “Law”), which provides for certain basic shareholder protections in specific circumstances ...
By: Ruben Gotlieb, Esq. As many of you know by now, Donald Trump has won a second term as president. Additionally, Republicans in the U.S. Senate will have a small majority in Congress. It is still uncertain who will hold a majority in the House of Representatives. What does this mean for tax legislation set to expire, or “sunset,” at the end of 2025? To pass a permanent tax law, a majority of at least 60 senators is needed. Without this, the law can only last for 10 years ...
The Belgian takeover market is currently undergoing a full transformation. Three experts from the independent law firm, ALTIUS, share their insights about the new dynamics in the field of mergers and acquisitions (M&A). “We see clear links with restructurings, bankruptcies, and the evolution of the real estate market.” The new dynamics currently driving the takeover market in our country are the result of various factors ...
Integrating AI tools at work is not without danger. Three experts from the independent Belgian law firm, ALTIUS, explain how companies should best guard against ethical risks, data protection, intellectual property rights, and trade secrets. “It is essential that organisations teach their people to work with AI safely and responsibly ...
The Product Regulation and Metrology Bill (the “Bill”) was published on 4 September 2024 and will provide the Secretary of State with wide regulation making powers to replace, amend or update product safety legislation in the UK. Why is the Bill needed? The Department for Business and Trade’s impact assessment of the Bill stated that the “UK lacks powers to end recognition or to recognise new and updated EU regulations in GB” ...
The gaming industry, which has transformed from a niche market to a global powerhouse, has seen a significant surge in venture capital (VC) investment over the past few years. This trend is driven by the rapid growth of the gaming market, advancements in technology, and the increasing societal acceptance of gaming as a mainstream form of entertainment. Here’s a closer look at the emerging trends and key players in VC investment within the gaming sector ...
****Dear Ladies and Gentlemen!**** Since 2022 restrictions are imposed with respect to transactions with persons from “unfriendly” countries in the Russian Federation. Thus, for a certain number of transactions/operations (i.e. issuance/repayment of loans, execution of financial instruments, distribution of dividends/profits etc ...
The new Network and Information Systems Directive (NIS2) came into effect on 18 October 2024 and with it comes an overhaul of the way in which cybersecurity risk management is regulated in Europe. The major changes brought about by NIS2 include stricter security measures, new incident reporting obligations and will substantially expand enforcement powers for regulators ...
How far can employers search for personal data to answer an access request? Can they check personal mobiles or laptops - or personal emails on a work device? Here we look at invading staff privacy to respect someone else's data protection rights. In this series we have already looked at taking control of data subject access requests (DSARs) through data protection by design, and understanding when you can refuse to comply with a DSAR ...
United States Citizenship and Immigration Services (“USCIS”) has approved a new credentialing organization for certain healthcare workers for immigration purposes. USCIS approved the application from International Education Evaluations, LLC (IEE), which went into effect October 25, 2024 ...
The FCA has published the results of its culture and non financial misconduct survey. Here are some points to note. Key facts: The FCA surveyed regulated wholesale financial services firms asking questions about incidences of non-financial misconduct and the firm’s policies and procedures relating to firms’ culture ...
Abstract “[I]t is better that ten guilty persons escape than that one innocent suffer.” 4 William Blackstone, Commentaries *358. “[I]t is better that ten innocent men suffer than that one guilty man escape.” Otto von Bismarck, Germany’s first chancellor, quoted in John W. Wade, Uniform Comparative Fault Act, 14 Forum 379, 385 (1979). Punishing the innocent is considered an “error” that the legal system must minimize ...
This is a meaningful Budget for the affordable housing sector, with positive signs that housing, particularly affordable housing, is being prioritised by the government. This reflects a recognition of how crucial community building is for social cohesion and the economy. As highlighted in the Radix Big Tent Housing Commission’s recommendations last week, a prompt rent settlement is essential for the affordable housing sector and for Registered Providers ...
Here's a refresher: Discriminating against a subclass of a sex — e.g., older women or black women — may still be discrimination. In a Sept. 19 opinion in McCreight v. AuburnBank, the U.S. Court of Appeals for the Eleventh Circuit clarified a few things for the summary judgment standard and provided a good refresher on "sex-plus" discrimination, or discrimination based on a subclass of sex ...
Hark! A recent Alabama Supreme Court indemnity decision, Mobile Infirmary Association v. Quest Diagnostics Clinical Laboratories, may require you to retrieve your drafting pen. Although not a case involving a construction dispute, Mobile Infirmary does address a key component of risk shifting in construction contracts — the indemnity clause ...
