Ever since the latest Law on Enforcement and Security entered into force on the 1stof July, 2016, an issue arose over the wording and scope of Article 48, dealing with how creditors acquiring claims can initiate enforcement. The main idea behind this new law was to make it easier for creditors to collect claims ...
The Nigerian Court of Appeal confirms that an Arbitral Tribunal has no Jurisdiction to determine contractual disputes, the resolution of which has tax implications for any of the parties. Recently the Nigerian Court of Appeal confirmed in part the decision of the Federal High Court Abuja delivered on 22 May 2012 in Suit No. FHC/ABJ/CS/923/2011 ...
A rash of lawsuits are being filed around the country against businesses and retailers, claiming their websites are not accessible to those with visual or hearing impairments. These lawsuits are being filed under Title III of the Americans with Disabilities Act ("ADA"). Title III of the ADA requires equal access for persons with disabilities in places of public accommodation. This is not a new provision of the ADA, but the focus on websites has been a relatively recent development ...
Is a defeated patentee atInter PartesReview an embittered citizen whose private rights were taken without due process by a government agency lacking requisite Article III guarantees of impartiality? Or is the public getting a sweet deal when the Patent Trials and Appeals Board (PTAB) eliminates or revokes a public right that was wrongfully granted in the first place? The Supreme Court wrestled with the constitutionality ofInter PartesReview during oral argument on Monday morning, and the
In prior Obama-era guidance from the DOE Office for Civil Rights, the resolution of sexual misconduct or assault allegations by mediation was not encouraged and, in some situations, was prohibited. This position existed despite that when such allegations resulted in Jane and John Doe lawsuits, many were eventually settled through mediation ...
Yesterday, U.S. Attorney General Jefferson Sessions issued new guidance reversing the federal government’s former position that gender identity is protected under Title VII. In a memo sent to the heads of all federal agencies and the U.S. attorneys, the attorney general stated that as a matter of law, “Title VII does not prohibit discrimination based on gender identity per se ...
Noble Group continues to draw fire from Iceberg Research more than two years after the short-selling firm first accused the listed commodities trader of questionable accounting practices. In August this year, Iceberg renewed its criticism of the group, but expanded its crosshairs to include Singapore's regulators ...
The Supreme Court of Appeal decision in the matter of Pather v Financial Services Board concerns a challenge to the jurisdiction of the Enforcement Committee of the Financial Services Board (“FSB”) to deal with market abuse, specifically in this case publishing false statements that resulted in an overstatement of the performance of their company. The two appellants were Maslamony Pather and Ah-Vest Ltd (formerly All Joy Foods Ltd) ...
The Origin & Cause In 2010, a California jury returned a $671 million verdict in a class action alleging "violation of the rights of residents" under the California Health and Safety Code[1] arising from alleged understaffing at senior care facilities. Before the jury determined whether to award punitive damages, the Lavender, et. al. v.Skilled Healthcare Group, Inc.[2]lawsuit settled ...
The Origin & Cause In 2010, a California jury returned a $671 million verdict in a class action alleging "violation of the rights of residents" under the California Health and Safety Code[1] arising from alleged understaffing at senior care facilities. Before the jury determined whether to award punitive damages, the Lavender, et. al. v.Skilled Healthcare Group, Inc.[2]lawsuit settled ...
In a world that is becoming increasingly globalized, the law serves as a powerful tool in improving economic and social conditions. In such a world, trans-border judicial proceedings, or, as legal scholars call it, "legal disputes with extraneous elements" demand a certain consistency and predictability ...
California defamation law continues to evolve as the courts synthesize well-settled legal principles with ever-changing technological realities. On July 21, 2017, California’s First District Court of Appeal issued a published opinion in ZL Technologies v. Does 1-7 (July 21, 2017) 2017 DJ DAR 6999 ...
The Israeli Supreme Court Ruling earlier this year, which establishes that, for the purpose of service out of the jurisdiction based on Regulation 500(7) of the Israeli Civil Procedure Regulations, 5744-1984 (“Civil Procedure Regulations“) – it is not sufficient to indicate damage which allegedly occurred within Israel, but rather an act or omission in Israel must be shown ...
The Supreme Court of the Russian Federation (the “SC RF”) has adopted the Resolution of the Plenum No. 23 “On consideration of commercial cases arising from relationships complicated by an international element” (the “Resolution of the Plenum”) ...
The trial of murder-accused Henri van Breda has attracted widespread media attention in recent months. Now, the Supreme Court of Appeal (“SCA”) has delivered an important judgment linked to the case regarding the media’s right to broadcast aspects of court proceedings – not only in the Van Breda case, but in other cases too ...
Earlier this year the Federal Law " On Amendments to Articles 1252 and 1486 of the 4th part of the Civil Code of the Russian Federation and Articles 4 and 99 of the Arbitrazh Procedural Code of Russia" entered into force.The amendments relate to pre-trial procedure for resolving intellectual property disputes.1 ...
It was not until the late 1970s that deep-water offshore oil and gas exploration became significantly viable. The driver was the ever increasing demand for oil and gas products that provided the opportunity to raise the capital necessary to design and then build the incredibly complex floating assets needed to explore for and then to produce oil and gas in such hostile environments ...
The South African Constitutional Court has found that cabinet ministers can now be held personally liable for the costs of legal proceedings to which they are a party. This finding was made in the case of Black Sash Trust v Minister of Social Development and Others (Freedom Under Law NPC Intervening), in which judgment was delivered on 15 June 2017 ...
Last month, the Supreme Court decided TC Heartland LLC v. Kraft Foods Group Brands LLC, which narrowed the definition of where a corporate defendant "resides" for the purpose of suing it for patent infringement. In doing so, it overturned the 1994 holding of the Federal Circuit of what constitutes proper venue in patent infringement cases. Federal law allows a Plaintiff to bring a patent infringement suit against a defendant in any district where one of two conditions are met ...
Long-term care (LTC) facilities received a boost last week when the Centers for Medicare and Medicaid Services (CMS) reversed its position regarding the use of arbitration agreements in this setting. On June 8, 2017, CMS published a proposed rule amending LTC facilities’ conditions of participation in the Medicare and Medicaid programs to remove prohibitions on binding pre-dispute arbitration agreements ...
On May 15, 2017, the U.S. Supreme Court reaffirmed the long-standing federal policy favoring arbitration agreements. In a lawsuit brought against skilled nursing provider Kindred Nursing Centers, LP, the Court held that states cannot single out arbitration clauses for “disfavored treatment,” because doing so violates the Federal Arbitration Act (FAA). The case involved two wrongful death lawsuits that were consolidated in the Kentucky Supreme Court ...
Later this year, the Supreme Court of the United States will address the enforceability of class action waivers in employment arbitration agreements in Ernst & Young LLP v. Morris ...
BREAKING NEWSEnforcement of foreign court judgments in Russia: a wind of change June 06, 2017 Dear Ladies and Gentlemen, We would like to inform you on recent precedents of Russian courts in cases concerning enforcement of foreign court judgments, which we believe represents a major step forward towards the goal of creating a favorable investment climate in Russia ...
Those seeking reasons to be optimistic about Ukraine’s judicial system can rejoice: Justice prevailed, or so ruled the High Commercial Court of Ukraine, the likely final arbiter in a dispute between the state Antimonopoly Committee of Ukraine and ACNielsen Ukraine, a market research firm ...
