log in
Submit an Article | Back

Member Articles

Selected Filters:
Practice Industry: Dispute Resolution, Technology

Sort By Title  |  Sort By Date

Compliance with DIFC Data Protection Law 2020 – Deadline 1 October 2020
Afridi & Angell, September 2020

DIFC entities have until 1 October 2020 to ensure that their data processing activities are compliant with the new Data Protection Law (DIFC Law 5 of 2020) (the DP Law). Who is subject to the DP Law? • DIFC entities.• Non-DIFC entities that regularly engage with DIFC entities as part of a “stable arrangement”, which involve data being processed in the DIFC and/or transferred out of the DIFC. Practical Guidance 1. Maintain a record of Personal Data. 2...

An Introduction to Trade Secrets: What They Are and Why They Matter to Your Business
Lavery Lawyers, September 2020

  One of the most common questions we receive as intellectual property lawyers is “How can I prevent others from using technology that I have developed and that has significant value to my business?” That question can often be answered by advising clients to file a patent application. However, there exists another type of intellectual property protection, known as a “trade secret,” that may be more suitable for certain situations and technologies...

Cyberbullying and Remote Working – What Employers Need to Know
Shoosmiths LLP, September 2020

Sadly, bullying and harassment in the workplace is nothing new. Indeed, a 2020 study found that 15% of people surveyed had been a victim of workplace bullying. Conversely, cyberbullying in the workplace is a relatively new phenomenon but it’s on the rise. What exactly is cyberbullying? Simply put, cyberbullying is any bullying, harassment or victimisation that involves a computer, phone or tablet...

Getting Way’Mo Than He Bargained For
TSMP Law Corporation, September 2020

Should employees be at liberty to remove trade secrets they created when they leave their employers? Think carefully, physical liberty might just be at stake. In his junior year at UC Berkeley, he built a prize-winning robot out of Legos to sort Monopoly money. Later, he entered the first ever two-wheeler in the DARPA Grand Challenge, an American autonomous vehicle competition funded by the US Department of Defense...

Zoom ADR: Best Practices for Virtually Every Virtual ADR Event
Verrill, September 2020

As the post-COVID-19 “new normal” comes into focus, it is unlikely that civil jury trials will happen in many jurisdictions until at least the spring of 2021. For family law matters, cases involving children or domestic violence will typically take precedence over those that do not. Even in cases involving children, the delays may be significant depending on the backlog of cases that exist from COVID-19 shutdowns...

Domestic Discovery for Foreign Arbitrations? Location, Location, Location!
Verrill, September 2020

International transactions can generate international disputes. A party to a lawsuit in one country may believe that a non-party in another country has information that could be put to good use in the case. Someone being sued in Italy, let’s say, may have engaged the services of an investment banker in New York whose records the other litigant thinks could be used to its advantage in the Italian lawsuit...

COVID-19 and Unprecedented: Litigation Insights, Issue 22
Spilman Thomas & Battle, PLLC, September 2020

In our 22nd edition of Unprecedented, our weekly update on COVID-19-related litigation, we see cases against employers continue to rise, and offer insight for employers to keep employees safe and simultaneously avoid lawsuits. In another notable update -- again for employers and business owners -- the Supreme Court of Virginia dismissed a case challenging the Governor's restrictions on businesses amid the pandemic...

Transgender Students Protected from Discriminatory Restroom Policies under Equal Protection Clause & Title IX, Fourth Circuit Court of Appeals Rules
Dinsmore & Shohl LLP, August 2020

On August 26, the United States Circuit Court of Appeals for the Fourth Circuit held that a Virginia School Board’s restroom policy constituted sex-based discrimination in violation of the Equal Protection Clause, and transgender people constitute a quasi-suspect class, entitling them to greater constitutional protections. Moreover, the court also held that the restroom policy violated Title IX, because it discriminated on the basis of sex in a public school setting...

CCTV and Data Privacy
Deacons, August 2020

The installation of CCTV cameras is a highly emotive and controversial issue in many countries. Hong Kong’s data privacy law does not contain any specific provisions regarding the use of CCTV, although the Privacy Commissioner (PC) has issued guidance on CCTV surveillance and the use of drones...

Walking the Fine Line – Processing Employees Data During COVID-19 Pandemic
Karanovic & Partners, August 2020

This Article was originally published in Issue 7.5 of the CEE Legal Matters Magazine.  Companies around the globe are having to make urgent decisions to keep their employees safe and ensure business continuity in the midst of the COVID-19 outbreak. In order to fulfil these goals, companies need to find the right balance between providing a safe working environment and respecting their employees’ privacy, which can prove to be quite difficult in practice...

Continued Uncertainty Clouds DOJ’s Dismissal Power Under False Claims Act
Dinsmore & Shohl LLP, August 2020

The Ninth Circuit recently ruled against the government on jurisdictional grounds in the False Claims Act (FCA) qui tam case, United States v. United States ex rel. Thrower, No. 18-16408, 2020 U.S. App. LEXIS 24621 (9th Cir. Aug. 4, 2020), holding that a district court’s denial of a government motion to dismiss an FCA action is not immediately appealable under the collateral order doctrine and dismissing the government’s appeal...

First Circuit Decision Underlines Risk of Criminal HIPAA Enforcement
Buchalter, August 2020

On August 6, 2020, the U.S. Court of Appeals for the First Circuit affirmed the conviction of Massachusetts gynecologist Rita Luthra for criminal HIPAA violations and obstructing a health care investigation. Although such HIPAA prosecutions are uncommon, the case underscores the risks health care providers and others run when handling protected patient information and when speaking with government investigators...

How Businesses can Fight Back Against Online Scammers
Buchalter, August 2020

While many of us are working from home due to the current pandemic, criminals and scammers are also hard at work from home and have been increasingly more brazen since the stay-at-home orders have been put into effect. In popular media, we see television shows such as “90 Day Fiancé,” “Catfish: The TV Show,” and others depicting people being scammed by unscrupulous individuals online who are pretending to be someone they are not...

Crosmun v. The Trustees of Fayetteville Technical Community College Provides Much Needed Guidance to North Carolina Courts on How to Properly Craft eDiscovery Protocols
Spilman Thomas & Battle, PLLC, August 2020

The Court of Appeals of North Carolina's decision in Crosmun v. The Trustees of Fayetteville Technical Community College, ___ N.C. App. ___, 832 S.E.2d 223 (2019) provides much needed guidance to North Carolina courts on how to properly craft eDiscovery protocols...

Cross-Border Marriages: Connection Substantial Enough to Divorce in Hong Kong?
Deacons, August 2020

The Covid-19 pandemic has been reshaping many personal relationships. Cracks in some family relationships have been exacerbated due to high-pressure confinement under the same roof in lockdown. Such rise in marital conflicts has inevitably caused more breakdown of marriages. Amongst these cases, are families who have homes or businesses both in Hong Kong and Mainland China, who need to consider whether the divorce proceedings should be instituted in Hong Kong or Mainland China...

Fed. Circ. Inconsistent On Bid Protest Waiver Precedent
Bradley Arant Boult Cummings LLP, August 2020

Earlier this summer, the U.S. Court of Appeals for the Federal Circuit issued a split decision in Inserso Corporation v. U.S. that we argued had far-reaching implications for both government contractors and the private bar, relating to timeliness and waiver issues in the bid protest context. The Federal Circuit recently issued another decision, The Boeing Company v. U.S...

Does the Cloud of Vaping-Related Injuries Portend a Storm of Litigation?
Bradley Arant Boult Cummings LLP, August 2020

Electronic cigarettes and vaping have been heralded by many as a safer alternative to smoking traditional cigarettes. An outbreak of illnesses last fall allegedly related to vaping, however, ignited public hysteria and will almost certainly lead to substantial mass tort litigation aimed at manufacturers of e-cigarette devices and vaping liquids...

The Financial Action Task Force (FATF)’s Reports on Risks of Virtual Assets
Deacons, August 2020

The Financial Action Task Force (FATF) recently published a report on its 12-month review of the Revised FATF Standards on Virtual Assets and Virtual Asset Service Providers, and a report on so-called stablecoins which highlighted associated risks of money laundering/terrorism financing (“ML/TF”)...

The Global Financial Markets Association’s (GFMA) comments on challenges raised by “Global Stablecoin” Arrangements
Deacons, August 2020

The GFMA recently provided its response to the Financial Stability Board’s (“FSB”) consultation paper (“the Paper”) titled Addressing The Regulatory, Supervisory And Oversight Challenges Raised By “Global Stablecoin” Arrangements. The GFMA put forward certain recommendations to support the implementation of global stablecoin (“GSC”) arrangements provided for in the Paper...

Social and Economic Emergency Plan for the Algarve
PLMJ, August 2020

The Algarve has been seriously affected by the social and economic impacts of the COVID-19 pandemic. In this context, on 29 July 2020, the Portuguese Parliament published Resolution no. 51/2020 in which it recommend the adoption of a social and economic emergency plan for the Algarve (“Plano de emergência social e económico para o Algarve”) by the Portuguese Government. The recommended measures set out in Resolution no...

A Procedural Gamble: Board Prior Art Rejection Did Not Violate the Administrative Procedure Act
Dinsmore & Shohl LLP, August 2020

In FanDuel, Inc., v. Interactive Games LLC, No. 2019-1393 (Fed. Cir. July 29, 2020), the Court of Appeals for the Federal Circuit held that the Patent Trial and Appeal Board (Board) did not violate the Administrative Procedure Act (APA) by rejecting the prior-art combination on which it instituted inter parties review (IPR). The relevant patent claims related to a method of gambling on a mobile device...

Court of Appeal Clarifies Rules for Retaining Emails That are Included in CEQA Records
Hanson Bridgett LLP, August 2020

Key Points Public agencies must retain emails that would be required for inclusion in an administrative record pursuant to CEQA. Agencies must retain “[a]ll written evidence or correspondence submitted to, or transferred from” them “with respect to” CEQA compliance or “with respect to the project.” This includes emails that fit this description...

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

First Class: Litigation and Arbitration in London
Haynes and Boone, LLP, August 2020

Recent statistics from London’s Commercial Court and major arbitration institutions confirm London’s reputation as an international hub for dispute resolution, with English law remaining the most popular choice for the resolution of international disputes...

 

 

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | PRIVACY POLICY | DISCLAIMER |  © World Services Group, 2020