Shortly after his administration began, President Biden signed Executive Order 13985, "Advancing Racial Equity and Support for Underserved Communities Through The Federal Government." In April 2022, in accordance with this Executive Order, the Equal Employment Opportunity Commission ("EEOC") released its "Equity Action Plan," which contains several items that may impact employers ...
In a class action lawsuit filed Monday in the United States District Court for the Northern District of California, Binance.US (Binance), a major cryptocurrency exchange, has been accused of misleading investors surrounding the Terra blockchain ecosystem. This is the first major court filing in the United States relating to Terra, whose UST and LUNC tokens crashed in May, wiping out around $40 billion in investor funds ...
June 13, 2022 By: Melissa Richards On June 9, 2022, the California Department of Financial Protection and Innovation (CA DFPI) issued its long awaited final regulations implementing SB 1235’s (2018) new early disclosure requirements on commercial financing offers equal to or less than $500,000. The CA DFPI regulations take effect December 9, 2022. The final regulations can be found at Title 10, Chapter 3 of the California Code of Regulations. The link to Chapter 3 is HERE ...
Kudun and Partners recently contributed to the Thailand Chapter of the Digital Business 2022 guide by the International Comparative Legal Guide (ICLG), a leading global platform for legal reference and comprehensive comparative legal guides that cover law in more than 192 jurisdictions across 58 practice areas ...
Troy Schooneman, partner and head of Kudun and Partners’ International Practice was invited to be a panelist at the World Services Group(WSG)’s Asia Pacific Region Discussion on Offshore Law Regime, a collaborative online seminar organized by the World Services Group (WSG) together with Kudun and Partners, an award-winning independent law firm in Thailand; Carey Olsen, a leading offshore law firm advising on Bermuda, British Virgin Islands, Cayman Islands, Guernsey and Jersey law, an
On the 25th of May 2022 the General Department of Taxation (“GDT”) issued Notification No. 10979 GDT on the “Required Documents to Support the Interest Charge on Related Party Loans” (“Notification 10979”). The key points to be taken from Notification 10979 are as follows: To ensure compliance with Prakas No. 986 MEF.P ...
INTRODUCTION In a previous issue of Decoded, we discussed the alarming fact that many medical devices, including those implanted in patients' bodies, are leaving the manufacturers with known cybersecurity flaws. Due to these known flaws, these devices are vulnerable to being hacked, and patients’ personal/protected health information ("PHI") stolen; or worse, the device being held hostage in a ransomware attack ...
Mutual fund managers have long been important institutional investors in the capital markets. At present, there remain issues to be improved in the mutual fund industry, such as insufficient suitable professional capabilities, culture development weaknesses, and structural imbalances. In light of this, the China Securities Regulatory Commission has put forward the following guiding opinions to promote the developments of the mutual fund industry ...
Contents Please click on the links below to jump to the relevant section: What are the key features of a PCC? Who can be a PCC? Incorporation of a PCC Separation of assets Attributing liability and recourse against assets Information obligation Transferring cellular assets to third parties Arrangements between cells affecting cellular assets Conversions Liquidation of a PCC Administration of a PCC Receivership of cells in a PCC Tax Foreign recognition Essentially, a PCC consi
Protected Cell Companies A Guernsey protected cell company (“PCC”) is a single legal entity. It is one company with one board of directors, one memorandum and articles of incorporation and one company registration number. A PCC comprises a core and any number of cells. Assets which are not comprised in a cell are deemed to be comprised in the core. No regulatory or filing processes are required to create a cell of a PCC ...
Many companies have a keen interest in recycling and upcycling old products for resale, both for environmental and promotional purposes. But when those products contain third-party intellectual property, there can be trademark and copyright concerns. Dinsmore intellectual property partner Karen Gaunt wrote about this topic for Best Lawyers' Women in Law issue, out this month. Gaunt herself has been named a Best Lawyer multiple times since 2013. An excerpt of the article is below ...
In September 2019 government announced a review of the system for children and young people with Special Educational Needs and Disabilities (SEND) in England. The current SEND regime introduced in 2014, is considered by many to be unfit for purpose, both in terms of accountability and consistent quality of support and adequate funding to local authorities to make the system work ...
WHAT IS OPEN BANKING? We had earlier delved into the concept of Open Banking and its regulatory framework in our articles accessiblehere[1]andhere[2].In summary, Open Banking is a system that grants third-party providers (TPPs) open access to consumer banking, transactions, and other financial data from banks and non-bank financial institutions(NBFIs) through the use of Application Programming Interface (API) ...
1. Introduction After a long consultation period, the European Commission recently published the new Block Exemption Regulation for Vertical Agreements (Regulation (EU) 2022/720 "VBER"). The regulation will enter into force on 1 June 2022. New Guidelines on vertical restraints ("Guidelines") will accompany the new VBER. Both replace the previous set of rules from 2010 ...
The coming advent of quantum computing technologies will bring important changes to our society. In the medium term, computing calculation power will be multiplied to a level that exceeds our current understanding. This will allow for various new industrial developments and applications. This will also raise a vast number of sensitive legal issues. In this article, ALTIUS summarises what are the key takeaways that you should know about quantum computing ...
On 10 May 2022 the UK Government announced, through the Queen’s Speech, that the United Kingdom's data protection regime is to be reformed. What is the bill? The Data Reform Bill (“the Bill”) will reform the UK’s current data protection framework. As a result of Brexit, the UK incorporated the EU data protection regime (the EU GDPR) into domestic law as the “UK GDPR” ...
Prescription (Scotland) Act 2018 Prescription is the rule of law in Scotland that extinguishes certain rights and obligations after a period of time. This includes a right to recover damages for breach of contract. In Scotland, a contractual claim prescribes after five years; therefore formal proceedings, either court or arbitration, must be raised and served in order to stop the five-year period running. On 1 June 2022, important changes to prescription become law in Scotland ...
Financial Products and Services Consumer Protection Act On May 06, 2022, Republic Act (RA) No. 11765, or the Financial Products and Services Consumer Protection Act, was signed into law ...
Shoosmiths recently sponsored Cornwall Insight’s Financing Net Zero webinar on ‘Unlocking battery storage revenues’. Here we provide a summary of the key takeaways from the webinar. Battery storage is developing at pace as a critical element of global net zero ambitions. Strong wholesale volatility and record high ancillary service prices have supported revenues for storage across the past year, boosting the business case for the technology ...
On 24 May 2022, the Port Authority of the Ministry of Transport and Communications (“MOTC”) under the State Administration Council (“SAC”) of Myanmar issued an invitation for bids to be submitted to conduct a feasibility study for the construction of a new international port terminal (“Project”) in Mawlamyine district of Mon State on the western coast of Myanmar’s southeastern peninsula ...
