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Year in Review 2021: Shipping
Simonsen Vogt Wiig AS, December 2021

The transaction pace and volume of 2021 was the silver lining of the Covid-19 overcast, keeping our clients and us busy and productive. Particularly the container ship market has been steaming hot, with rapidly increasing prices and high transaction volume. The bulker market has also seen the highest prices for the last decade, with correspondingly high transaction volume...

OP-ED: Contractors Should Prepare for Additional Changes to Buy American Act
Schwabe, Williamson & Wyatt, December 2021

On Jan. 25, President Biden signed Executive Order 14005 (the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers”), which modified the Buy American Act (BAA) to require the use of more American-made components on government projects...

Transitioning to Net Zero for Retail
Shoosmiths LLP, November 2021

We are very excited to be supporting the UN Global Compact Network UK’s ‘Transitioning to a Net Zero’ webinar series...

What’s on the Menu? OOH Calorie Labelling to Be Required
Shoosmiths LLP, November 2021

Following the government’s consultation on calorie labelling for food and drink served outside of the home in 2018, qualifying businesses in the out of home (OOH) sector will be required to display calorie information per portion from 6 April 2022. What is changing? Currently, businesses serving non-prepacked food and drink in the OOH sector are not required to provide calorie (energy) information...

International Arbitration: UK Supreme Court Judgment, Kabab-Ji SAL v Kout
Shoosmiths LLP, November 2021

In Kabab-Ji SAL v Kout Food Group, the UK Supreme Court recently considered the question of which system of law the English courts must apply to decide whether there is an enforceable arbitration agreement.  This case illustrates the different approaches taken in determining questions of applicable law and the consequences this can have for both annulment and enforcement proceedings in different countries...

The lure of the Guernsey high street
Carey Olsen, October 2021

The high street will of course evolve according to prevailing consumer habits. That evolution has been brought into sharp focus by the pandemic, where retailers have had to adapt to the restrictions imposed on non-essential retail at certain times combined with the general growth of e-commerce. That said, the retail market in Guernsey compares well to the UK market and is seen as an attractive opportunity for retailers, both for well-known UK brands and local independents alike...

Keep-open provisions: ‘Half-hearted’ trading isn’t enough
Shoosmiths LLP, October 2021

Marks & Spencer breached a court order to enforce a “keep-open” provision in one of its leases, when it carried on business only in a “half-hearted” manner...

Why should service companies be interested in Freeports?
Shoosmiths LLP, October 2021

Freeports are obviously of immediate interest to importers, exporters, and manufacturers, as they allow the import of materials and manufacture or incorporation of those materials into items which are then exported, all without incurring tariffs and with minimal regulation. The government’s stated objectives in establishing Freeports were to establish national hubs for global trade and investment across the UK, promote regeneration and job creation and create hotbeds for innovation...

Kochhar & Co. India India’s Stand on Emergency Arbitrators and Emergency Awards India’s Stand on Emergency Arbitrators and Emergency Awards
Kochhar & Co. Advocates & Legal Consultants, October 2021

Author(s) Senior Partner, Nishant Menon and Associate, Nikhil Bhatia The Supreme Court of India on 6th August 2021 in Amazon.com NV Investment Holdings LLC v Future Retail Limited & Others handed down a seminal decision in relation to enforcement of an Emergency Arbitrator’s (“EA”) award. The ruling has great significance as it furthers India’s mission of being a pro-arbitration State where there is greater ease of doing business...

Red Bull v Bullards: balancing brand protection and reputation
Shepherd and Wedderburn LLP, October 2021

Energy drink giant Red Bull recently received some negative press for issuing a cease and desist letter to Norwich-based gin maker Bullards for the use of the word ‘bull’ in its brand name. The case is a useful reminder that brand owners should make sure that their brand protection strategy reflects the organisation’s wider brand values...

Natasha’s Law now in force – are you compliant?
Shoosmiths LLP, October 2021

Since 1 October 2021, the requirements for prepacked for direct sale food labelling changed, offering increased protection to the estimated one in four people with food allergies in the UK. What is PPDS? Prepacked for direct sale (PPDS) is food that is: presented to the consumer in packaging; packaged before the consumer selects or orders it; and packaged at the same place it is sold...

Thailand: Overseas E-Commerce or Online Platforms Must Now Pay VAT on Services Supplied to Consumers in Thailand
DFDL, October 2021

On 10 February 2021, the Royal Thai Government Gazette announced the Act Amending Revenue Code No.53 (the “Act”). This Act stipulates that overseas electronic service providers and online platforms must now register for and pay VAT on electronic services, delivered over the internet or other electronic networks (“Electronic Services”) supplied to non-VAT registered consumers in Thailand. This VAT applies to such transactions from 1 September 2021 onward...

AB 701 Continues the Recent Trend in California to Regulate Warehouse Distribution Centers
Hanson Bridgett LLP, October 2021

In 2021, warehouse distribution centers were at the forefront of California law, regulations, and environmental initiatives. These efforts seek to regulate labor practices of warehouse operators and the environmental impacts caused by the expansion and concentration of distribution centers over the last decade. This article summarizes AB 701 and other initiatives in California targeting warehouse distribution operations...

Maritime briefing: the advantages of choosing the Cayman Islands as the Flag State
Carey Olsen, September 2021

A key concern for shipowners and lenders will be where to register these new vessels. In this briefing, we consider three factors that usually influence the choice of flag state: (1) financing considerations, (2) recognition for the flag and (3) speed, responsiveness and certainty. Introduction Choosing the flag state where a ship will be registered requires balancing different factors...

Internet Aids the Brick and Mortar Star: Key Learnings on Retail Real Estate
Schwabe, Williamson & Wyatt, September 2021

This week, Schwabe and the Portland and Puget Sound Business Journals hosted PNW Predictions: Retail Real Estate Reimagined, a discussion on the impacts from the last 18 months and predictions for the direction that retail real estate is moving. The panel delivered a variety of perspectives via guests Kemper Freeman, Chairman & CEO, Kemper Development Co...

Regulation of the retail payments system: Proposed policy approvals
MinterEllisonRuddWatts, September 2021

The Ministry of Business, Innovation and Employment (MBIE) has published details of additional policy proposals for the regulation of the retail payments system. A link to the cabinet paper is availableonline. This follows the Minister of Commerce and Consumer Affairs, Hon Dr David Clark’s,announcementin May to introduce a Retail Payments Systems Bill (the Bill) with the aim of reducing merchant service fees...

Ports Obtain Authority to Provide Wholesale and Retail Broadband under New Legislation
Schwabe, Williamson & Wyatt, September 2021

Port districts in Washington now have broad authority to extend broadband into unserved areas. ESHB 1336 amends RCW 53.08.370 to grant ports broad authority to provide wholesale and retail telecommunication services within district boundaries and in some cases, by agreement with other government entities outside district boundaries...

Tackling Chinese Counterfeits is Not Child’s Play
Deacons, August 2021

Did you know? At the end of last year, US Customers and Border Protection officers seized around US$1.3 million worth in China counterfeit toys at the Port of New York and New Jersey. The seizure included more than 141,000 counterfeit UNO card games, 9,600 "LOL Surprise! Under Wraps” balls and almost 2000 “LOL Surprise!” capsule toys...

New Law on the Labeling, Advertisement, and Sales of Gluten Free Foodstuff
Carey, August 2021

On August 18 th , 2021, Law No. 21,362 (the “ Law ”) was published in the Official Gazette. The Law introduces several modifications to different other laws in connection with the labeling, advertisement, and sales of gluten free foodstuff products. Firstly, the Law modifies Law No. 20,606, commonly known as Labeling Law...

FTC Finalizes “Made in USA” Rule in Partisan Split
Hunton Andrews Kurth LLP, August 2021

At the Federal Trade Commission’s (FTC) July 1 meeting, it finalized a new “Made in USA” Rule that was almost two decades in the making. The FTC issued a notice of proposed rulemaking in June 2020 and received 700 comments from stakeholders...

THE REGULATION OF COURIER AND LOGISTIC COMPANIES IN NIGERIA
AELEX, August 2021

The Regulation of Courier and Logistic Companies in Nigeria. By Florence Bola-Balogun, Kelechi Mba & Oluwapelumi C. Omoniyi. Introduction The Minister of Communications and the Digital Economy, Dr Isa Ali Ibrahim Pantami (the “Minister”) in accordance with Section 62 of the Nigerian Postal Services Act, 2004 (“NIPOST Act”) approved the new guidelines for the regulation of the Courier and Logistics sector (“the Sector”) in Nigeria in July 2020[1]...

The Copying of a Brand…Lidl by Lidl
ENSafrica, July 2021

A lot has been written about the Scottish case where William Grant sued the budget supermarket chain Lidl for trade mark infringement. The issue Lidl is selling a gin that one imagines was intended to look rather a lot like the well-established Hendricks gin. This Lidl gin is called Hampstead, although the similarity between the two products relates as much to get-up as to the (surely not coincidental) choice by Lidl of a nine-letter name that starts with the letter H...

States’ COVID-19 Immunity Statutes and Product Liability Claims Related to COVID-19
Dinsmore & Shohl LLP, July 2021

Dinsmore's Chris Cashen, Anne Guillory, Chris Jackson, and Kyle Bunnell were published in dri Strictly Speaking, Vol. 18 Issue 1. Their article, "States’ COVID-19 Immunity Statutes and Product Liability Claims Related to COVID-19," examines states’ COVID-19 immunity statutes for product designers, manufacturers, and distributors concerning COVID-19-related lawsuits. An excerpt is below...

What the Law Says about ‘Copycat’ Brands
Shepherd and Wedderburn LLP, July 2021

From caterpillar cakes and “anti-establishment” IPA beer to gin, the issue of “copycat” own brands has been thrown into the spotlight by a series of recent court actions involving some of the country’s best-known food and drink producers and discount supermarket chains...

A Practical Guide to Defective Product Compensation Claims under the Consumer Protection Act
Shepherd and Wedderburn LLP, July 2021

The Consumer Protection Act 1987 (the CPA) was enacted almost 35 years ago in order to implement EU law. The act introduced the concept of “strict liability” into the arena of product supply to certain users. This means that consumers who are injured by defective products can sue manufacturers without having to prove negligence.  This practical guide provides an overview of the CPA for consumers and manufacturers, with reference to recent key cases...

 

 

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