Since the European Court of Justice declared the EU-US Privacy Shield as an invalid legal basis for the transfer of personal data to the US, stipulating increased requirements for the use of the EU standard contractual clauses in July 2020 (C-311/18, 'Schrems II'), uncertainty has been rife within many companies: a legally compliant data transfer to the USA on the basis of the Privacy Shield is no longer possible and the new EU standard contractual clauses announced in November 202
On Wednesday, a federal judge in Texas denied Factory Mutual’s Rule 12(c) motion for judgment on the pleadings, finding that the plaintiffs adequately alleged that the presence of COVID-19 on their property caused covered physical loss or damage in the case of Cinemark Holdings, Inc. v. Factory Mutual Insurance Co., No. 4:21-CV-00011 (E.D. Tex. May 5, 2021) ...
By: Matthew Seror and Aaron Levine On June 1, 2021, the U.S. Supreme Court granted certiorari in a case that will likely determine once and for all whether courts are empowered to void copyright registrations based on immaterial registration errors, or whether a showing of bad faith or an intent-to-defraud is required. The underlying case, Unicolors v. H&M, 2020 U.S. App. LEXIS U.S. App. LEXIS 17097 (9th Cir ...
This case concerns an adjudicator’s decision issued on 7 December 2020. The adjudicator found in favour of Faithdean plc, ordering Bedford House Ltd, the employer, to repay deductions of around £1.5 million. No payment was made to Faithdean and enforcement proceedings were issued in January 2021. Bedford did not put forward a defence. Instead, it argued it could not pay as it wished to know the exact amount in order to make a single payment to Faithdean ...
An adjudicator’s jurisdiction is central to their ability to determine a dispute between two parties; without it, their decision will be invalid and unenforceable by a court. Conversely, if an adjudicator has jurisdiction, then, as the Court of Appeal has repeatedly emphasised, that adjudicator’s decision must be enforced, even if it results from errors of procedure, fact or law ...
It is a well-established rule of the Housing Grants, Construction and Regeneration Act 1996 (the ‘Act’) that an adjudicator will only have jurisdiction to determine one dispute under a construction contract at any one time, unless their jurisdiction has been extended by consent of the parties ...
According to the Court Service, around 80% of cases presently in the family courts of England and Wales involve at least one of the parties acting as an unrepresented litigant in person. Since 2013, when public funding for almost all family court cases was stopped, numbers have been steadily rising. The reasons are simple; many people decide to represent themselves in an attempt to avoid expensive legal bills ...
On May 28, 2021, Exempt Resolution No. 310, dated April 16, 2021 of the Ministry of the Environment was published in the Official Gazette. By means of such resolution, the Ministry of the Environment initiates the process of drafting the Supreme Decree that will set forth collection and recovery goals and other related obligations for batteries and electrical and electronic devices. Regulated priority products: "Batteries" and "Electrical and Electronic devices" ...
The Ministry of Security, through theExecutive Decree No. 199 of May 7th, 2021(hereinafter the “Decree”), adjusts the requirements for obtaining atemporary residence permitand apermanent residence permitas a Forest Investor, as follows: The forest investor residence permit may be requested in the following modalities: (i) temporary residence permit, (ii) permanent residence permit in 2 stages, and (iii) permanent residence permit in 1 stage ...
Bio-Rad Laboratories, Inc. v. International Trade Commission, Appeal Nos. 2020-1475, -1605 (Fed. Cir. May 28, 2021) In this week’s Case of the Week, the Federal Circuit considered an appeal from the International Trade Commission affirming an Administrative Law Judge’s finding that 10X’s products violated the Tariff Act by infringing multiple patents and that they did not infringe another ...
Bio-Rad Laboratories, Inc. v. International Trade Commission, Appeal Nos. 2020-1475, -1605 (Fed. Cir. May 28, 2021) In this week’s Case of the Week, the Federal Circuit considered an appeal from the International Trade Commission affirming an Administrative Law Judge’s finding that 10X’s products violated the Tariff Act by infringing multiple patents and that they did not infringe another ...
On March 18, 2021, the U.S. House of Representatives passed the Farm Workforce Modernization Act of 2021 (HR 1603) (FWMA).1 The proposed FWMA would streamline the H-2A temporary agricultural worker program, providing a path to legal immigration status for undocumented farmworkers and their family members. The FWMA would also require all agricultural employers to electronically verify the employment eligibility of their workers ...
In a judgment handed down on February 16, 2021, in a case involving former de facto spouses, the Superior Court dismissed an interlocutory injunction filed by the plaintiff seeking the eviction of the defendant from what had been their common residence. After having lived together in a de facto union for 32 years, the parties separated. The plaintiff, sole owner of the family residence, left the residence while the defendant continued to live there ...
In April 2020, we reported on the first cases that were conducted remotely via video conferencing facilities (VCF) during the court closures due to the Covid-19 pandemic. More than a year has passed and, although Covid-19 is still posing challenges, the courts have reopened and continue to embrace technology to facilitate social distancing ...
The ethical consumer market in the UK has increased four-fold since 1999, and now is conservatively estimated at over £40bn per annum. Consumers are actively changing their behaviours in favour of more sustainable and ethical choices. As a result, companies are increasingly creating or adapting their offerings to appeal to these consumer preferences ...
While overdraft litigation risks have threatened the financial services industry for some time, recent class action lawsuits have trickled down to community banks. One place in particular where exposure has expanded is the increased willingness of plaintiff’s counsel to challenge the use of form account agreements and disclosures, including reliance on Regulation E’s model consent form ...
The Eighth Circuit Court of Appeals held that a D&O liability insurer could not rely on ambiguous endorsements as a basis to deny coverage for claims brought by investors against its insured company and its CEO. Reversing the Eastern District of Missouri, the appellate court in Verto Medical Solutions LLC et al. v. Allied World Specialty Insurance Co., No. 19-3511 (8th Cir ...
There is a growing consensus among business stakeholders and society at large that mere compliance with legal rules is not enough tolive up to the requirements of business integrity. Moreover, legal rules often use vague concepts and ethics are also useful to give concrete expression to the required practices ...
Legal due diligence processes are widely known in the context ofmergers and acquisitions (M&A) and corporate reorganisation projects. Their aim is to analyse the operations and organisation ofcompanies to identify their degree of compliance with applicable legal and contractual regulations, the level of risk of non-compliance, and the potential sources of legal and contractual liability ...
When corporate executives are charged with crimes, their companies often foot the bill for their defenses. Sometimes those bills can be hefty. And while companies sometimes seek to recoup the expenses when the executives are convicted, a recent decision from the influential Judge Jed Rakoff of the Southern District of New York makes clear that the criminal restitution process may not be their best approach ...
Florida has joined a growing wave of states offering individuals, businesses and other organizations significant protections against Covid-19-related legal claims. But how does Florida’s new law — “Civil Liability for Damages Relating to Covid-19” (codified at section 768.38, Florida Statutes) — work? And what do businesses need to know — and do — now? The law’s practical effect Begin with the law’s practical effect ...
In a judgment of 22 April 2021, the European Court of Justice found that a lease contract entered into between an Austrian authority and a real estate company before the construction of the building did not constitute a contractual building contract, as the authority had not had a decisive influence on the design. The authority's requirements thus did not exceed the requirements that a tenant usually places on a building of a similar nature ...
As courts across Canada continue to see a rising trend in self-represented litigants, it becomes increasingly important for them to understand court rules and procedures to ensure access to justice. In the recent case of Blomer v Workers Compensation Board, the Alberta Court of Appeal considered whether the motions judge could correct the procedural missteps of the self-represented litigant ...
