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Dear Tech Company Founders & VCs: Eligible on Main Street
Lowenstein Sandler LLP, May 2020

Certain provisions of the coronavirus/COVID-19 economic stimulus legislation are subject to the issuance of government regulations and other government action, thus certain details regarding the legislation may be clarified or added...

The Supreme Court Declines to Revamp Preclusion Law in Lucky v. Marcel Trademark Dispute
Haynes and Boone, LLP, May 2020

In a unanimous opinion authored by Justice Sotomayor, the U.S. Supreme Court declined to redefine preclusion, reversing the Second Circuit’s decision in trademark dispute Lucky Brand Dungarees Inc. v. Marcel Fashion Group Inc. The Second Circuit’s opinion had attempted to expand res judicata beyond the well-recognized issue preclusion and claim preclusion, creating a new category it called “defense preclusion...

The True Cost of Coronavirus
TSMP Law Corporation, May 2020

Is Coronavirus the Great Leveller? When the novel coronavirus first started spreading like wildfire, people called it the “great leveller”. No respecter of status or economic background, Covid-19 affected people at all strata, from housemaids to Hollywood royalty; peons to prime ministers. Tom Hanks, Boris Johnson and an aide to US Vice President Mike Pence all contracted it...

Romag Fasteners: SCOTUS Holds That Plaintiffs in Trademark Suits Need Not Show "Willful Intent" of Infringement to Recover Damages for Lost Profits
Lowenstein Sandler LLP, May 2020

In a recent unanimous decision in Romag Fasteners, Inc. v. Fossil, Inc., the U.S. Supreme Court brought some welcome clarity to the question of whether willfulness is required in order to recover an infringer’s profits under Section 35 of the Lanham Act, 15 USC § 1117(a),in infringement litigation. Section 1117(a) sets out the statutory requirements for recovery of acts of trademark infringement, unfair competition, and false advertising...

Minimizing Director Liability: Best Practices for PPP Recipients
Lowenstein Sandler LLP, May 2020

Congratulations–you have successfully received an SBA PPP loan! While you are likely thinking that the hard work is over, you are, unfortunately, wrong. The responsibilities of a PPP loan recipient extend beyond the four corners of the application, do not end upon receipt of the funds, and, likely, only lapse upon repayment of the loan in full...

Legal Commentary on the Measures for Cybersecurity Review
Han Kun Law Offices, May 2020

On April 27, the Cyberspace Administration of China ("CAC") and 11 other departments  jointly announced the promulgation of the Measures for Cybersecurity Review  (the "Measures"), which will come into effect on June 1, 2020 and replace the current Measures for Security Review of Network Products and Services (for Trial Implementation)  (the "Trial Measures")...

The Perils of Wishing a Customer “Happy Birthday”
Deacons, May 2020

Did you know? The Privacy Commissioner is taking a stricter stance in relation to the collection of data subjects’ dates of birth...

Global Stablecoin Initiatives: Regulatory Challenges Ahead
Deacons, May 2020

Whilst crypto-assets are customarily associated with high volatility, a low-volatility crypto-asset, the so-called “stablecoin”, has emerged recently. Stablecoin initiatives typically aim to create a store of value backing the crypto-asset and means of exchange. In view of the increasing discussion of such initiatives, in particular with global technology firms contemplating the issuance of their own stablecoin (e...

Basel Committee on Banking Supervision Discussion Paper on “Designing a Prudential Treatment for Crypto-Assets” and Industry Response
Deacons, May 2020

As exposure to crypto-assets is becoming more and more relevant to banks, the Basel Committee on Banking Supervision (Basel Committee) issued a timely discussion paper in December 2019 inviting an industry response on the topic of crypto-assets...

This Pandemic will not Reverse Globalisation, but it will Threaten the Transnational Rule of Law
Wardynski & Partners, May 2020

It is a common concern among commentators on international relations that the COVID-19 pandemic will lead to deglobalisation. Indeed, the havoc wrought by the pandemic in the global economy raises some unsettling questions about the fragility of global supply chains, especially in critical industries, and about the interdependency of national economies. It is nudging sentiment towards reshoring, promoting domestic production and protectionism...

COVID-19: Practical Steps for Protecting Privacy while Contact Tracing
MinterEllisonRuddWatts, May 2020

The need to protect privacy while enabling contact tracing for COVID-19 cases is top of mind as more New Zealand businesses prepare to reopen their doors under Alert Level 2. While the basic requirements for contract tracing registers seem simple enough to follow, there are some practical steps businesses should take to ensure compliance with current privacy law...

Legal Feasibility of Electronic Signatures in the Republic of Panama
Morgan & Morgan, May 2020

Given the state of emergency declared by the Panamanian Government as a result of the COVID 19 pandemic, the stay at home orders issued by the health authorities and the social distancing that is essential to control the outbreak, the technological tools available for companies to operate remotely are vital...

Coronavirus: Startups Relief Measures
PLMJ, May 2020

Startups relief measures and measures to strengthen the position ofPortugal as a leading international technological hub.On 21 April, the Ministry of Economy and Digital Transition announced a set of relief measures specifically addressed to Portugal’s more than 2500 startups, to mitigate the impact of Covid-19 on the national entrepreneurial ecosystem...

COVID-19: Privacy Considerations of Contact Tracing Apps
Shoosmiths LLP, May 2020

Governments are turning toward the use of data driven solutions as part of their response to the COVID-19 pandemic, which raises numerous privacy concerns. Contact tracing technology seeks to inform and notify individuals that have been in contact with a person infected with COVID-19, enabling such individuals to self-quarantine, receive testing and, if required, obtain follow-up treatment...

E-commerce: Some Laws and Rules You Should Be Aware of
Lavery Lawyers, May 2020

E-commerce can take different forms, but for the purposes of this article, we will refer to e-commerce where the contract of sale or of supply of services is concluded by electronic means...

Depositions in the COVID-19 Era
Spilman Thomas & Battle, PLLC, May 2020

COVID-19 has caused a swift and unprecedented change to many social institutions in the United States (and worldwide). As a result, lawyers have been compelled to adopt new practices and policies to face the challenges of this time. No discipline has been changed quite as much, however, as that of the litigator. COVID-19, for example, has changed the way depositions will look for the immediate future...

Return to Work: Top 5 Employer Policies for Employees Using Their Own Devices
Dinsmore & Shohl LLP, May 2020

As some businesses are reopening while COVID-19 plateaus, many employees are splitting time between working from home and working in the office. Those same employees are often using their own devices (phones, tablets, laptops etc.) in both places. The use of personal devices in a work setting can increase risk of a data breach...

Promotion of Technologies to Ease Interaction with Public Entities
Brigard Urrutia, May 2020

Promotion of technologies to ease interaction with public entities Government establishes general guidelines for use of digital citizen services, in order to facilitate citizen interaction with public entities. The Ministry of ICT issued Decree 620 of 2020 to establish general guidelines that private (when performing administrative functions) and public entities must follow in the use and operation of digital citizen services...

DMCC: Expanding the Scope of a Service License
Afridi & Angell, May 2020

A DMCC licensed company holding a valid service license (with one or more of the Eligible Service Activities (identified below)) can apply to the DMCC for a no objection certificate (NOC) to operate/conduct business onshore (i.e. in mainland Dubai outside of the boundaries of the DMCC free zone). The NOC, in itself, is not sufficient to operate onshore. The applicant company will also be required to obtain a permit from the local licensing authority (i.e...

Mauritius: Coronavirus (COVID-19) and Data Protection
ENSafrica, May 2020

On 17 April 2020, the Mauritius Data Protection Office (the “DPO”) published a guide on data protection in the context of the Coronavirus (COVID-19) outbreak. The DPO, as the enforcing authority under the Data Protection Act (the “Act”), has reiterated that all organisations involved in the processing of data should continue to comply with all their obligations under the Act...

COVID-19 Contact Tracing - Will a Contact Tracing App Replace the Need for a Register?
MinterEllisonRuddWatts, May 2020

With the country now in Alert Level 3 and Alert Level 2 on the horizon, many businesses will be gearing up to welcome their customers physically back onto their premises in some way. At the same time, the Government has foreshadowed a continued focus on contact tracing for the foreseeable future...

Communication from the Agency for Access to Public Information on "Protection of Personal Data and Geolocation"
Beccar Varela, May 2020

  On April 29, 2020, the Agency for Access to Public Information (the “AAIP”, by its Spanish acronym) issued a statement through its website informing how personal data should be processed in the use of geolocation tools, especially in the context of the health emergency due to the COVID-19. In this connection, the AAIP communicates that the Personal Data Protection Law No...

Report of the Department of Privacy and Protection of Personal Data - Communication from the Agency for Access to Public Information on "Protection of Personal Data and Geolocation"
Beccar Varela, May 2020

On April 29, the Agency for Access to Public Information (the "AAIP") issued a statement through its website informing how personal data should be treated for the use of geolocation tools, especially before the health emergency caused by Coronavirus (COVID-19) In this sense, the AAIP communicates that Law No...

ENSafrica: Coronavirus (COVID-19) Legal Update
ENSafrica, April 2020

employment Update to C19 TERS and tax treatment of C19 TERS benefit Lauren Salt (ENSafrica Employment) and Arnaaz Camay (ENSafrica Tax) summarise the latest amendments to the COVID-19 Temporary Relief Scheme (“C19 TERS”), 2020 directive. They also consider the tax implications of C19 TERS benefits. Clickhereto read the full article...

South Africa: Coronavirus (COVID-19) - How to Avoid Vicarious Liability for Data Protection Breaches by Employees in an Online Environment during Lockdowns
ENSafrica, April 2020

The UK’s highest court recently ruled that Morrisons, a supermarket group, was not vicariously liable for the criminal act of an employee with a grudge who leaked the payroll data of about 100 000 members of staff. Many companies sighed in relief on hearing that the Supreme Court of Appeal did not hold Morrisons vicariously liable...

 

 

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