On Tuesday September 12, Patterson Belknap Partner Bill Cavanaugh delivered the opening statement on behalf of a coalition of the Attorney Generals from 38 states and other jurisdictions in the trial of a historic monopoly antitrust lawsuit against Google involving its search engine. Bill was appointed by the Attorney Generals of Colorado and Nebraska, the lead plaintiffs in the states' case, to serve as lead trial counsel ...
The recent anti-suit injunction decision in Axis v Absa Group demonstrates the importance of considering the practical effect of jurisdiction clauses when a suite of contracts or (re)insurance policies are entered into ...
Parallel debt is a legal concept applied in international financing transactions that involve multiple lenders. In order to simplify the administration of security (for example, to avoid the need for retaking or reregistering security for a fluctuating group of lenders) and to reduce costs, the banks select a single entity from among them to administer the security ...
Kongkoch Yongsavasdikul, partner and co-head of Startup Practice was invited to speak on the legal landscape of Startups in Thailand in the session “FinTech, AI & Fundraising – In Action: Series A & Beyond” by Legal in Action, hosted by Khun Peangpanor Boonklum with other speakers; Dr. Sutapa Amornvivat, PhD and Dr. Nattavut Kulnides. Thanks to Legal in Action and host Khun Peangpanor for inviting our partner as a speaker ...
Kudun Sukhumananda , one of the founding partners of the firm and co-head of Corporate and M&A was invited to speak in an academic forum on “Legal Issues and Driving Innovation to Commerce” hosted by the Faculty of Law, Chulalongkorn University together with UTC, the university’s technology center ...
As Panama became part of a number of industrial property related treaties, our internal laws have become more territorial; the use of a trademark is territorial again and registration becomes imperative for protection. Use as a Basis for Protection In Panama, as happens in most of the countries around the world, the right to register a trademark is acquired by its first use in commerce ...
Can “consent” to use a registered trade mark be considered an abandonment by the owner of the exclusive rights to that registered trade mark in perpetuity? Section 40(1)(dd) of theTrade Mark Act 1976 (“Act”) provides that it is not a trade mark infringement if it is “the use by a person of a trade mark in relation to goods or services to which the registered proprietor or registered userhas at any time expressly or impliedly consented to” [Emph
To protect and stimulate creators to increase innovation and encourage entrepreneurship, Norwegian authorities are changing the law. In 2018 we received several proposals towards strengthening the rights of those who create new ideas or build their business on intellectual property. Looking back at 2018, we see a year in which the Norwegian intellectual property (IP) legislation has been in movement. Technology is developing fast, and so must the law protecting technology ...
Software is becoming the main part of an increasingly amount of products set on the market; a trend which will become more and more evident in the years to come. This fact challenges the legal landscape and interpretation of product liability laws, and contract makers must pay attention to potential new risks imposed on the parties. If a product causes damages to a third party, complex questions may arise with respect to liability and the chain of causation ...
PSD2 came into effect in the European Union on January 13, 2018. PSD2 is important as it aims to further harmonise the EU payments market and break the banks' de facto monopoly on the provision of payment services and the use of their customer data. Below is a review of developments to date as they relate to transposing PSD2 into Norwegian law, including an update on the most recent developments ...
On November 23, 2023, the State Council published theOfficial Reply of the State Council on the Work Plan for Supporting Beijing in Promoting the Construction of a Comprehensive Demonstration Zone for Further Opening up the National Service Sector(the "Reply") ...
On January 16 last, the Supreme Court of Canada refused to grant leave to appeal by Lombard following a judgment rendered on June 20, 2013 by the Ontario Court of Appeal.1 This decision deals with the issue of overlapping excess and umbrella policies. THE FACTS In January 1995, an apartment building was destroyed by fire. Six people died and many others were injured ...
Shoosmiths litigation team recently hosted a roundtable discussion with senior inhouse lawyers with clients in financial services, technology and the automotive sectors. In this discussion, each participant discussed their key takeaways from our recent Litigation risk 2024 report, their biggest concerns for the year ahead and identified some areas that need further exploration in 2025 and beyond. AI continues to create uncertainty making it a key litigation risk ...
Any dog owner whose hound has ever become stuck down a rabbit hole will appreciate the aphorism, “Never get into anything you don’t know how to get out of”. Like a rabbit hole, getting out of the insurance business tends to be less straightforward than getting in. For that reason, specialist “run-off” carriers offer exit solutions to insurers who have ceased writing new business ...
Since the GDPR has been in force, almost every company has, among other things, dealt with issues of the permissibility of direct marketing and other marketing activities under data protection law. At their data protection conference on Nov. 07-08, 2018, the German data protection supervisory authorities issued a new "orientation guide" on this topic (as of November 2018) ...
The hacker group Anonymous announced that it, in concert with Middle East- and North Africa-based criminal hackers and cyber actors, will conduct a coordinated online attack labeled “OpUSA” against banking and government websites today, May 7. Anonymous stated that OpUSA will be a distributed denial of service (DDoS) in which websites may be defaced and legitimate users may be unable to access websites ...
In El Salvador, the Bitcoin Law was approved by the Legislative Assembly and published in the Official Gazette last June 9th of this year, establishing avacatio legisof ninety days from its publication; in that sense, its entry into force is scheduled for next September 7th ...
In principle, the author of a work protected by copyright has an exclusive right to reproduce or copy it. In Austria, however, anyone has the right to make copies of such works for private use. Originally, the legislator had scenarios in mind where people recorded music from the radio with their stereo system and a blank tape cassette, or recorded films via a video recorder. Collecting societies collect a levy as compensation for this private copying right ...
Open source software ("OSS") is quickly entering the mainstream and becoming increasingly widely used. In fact International Data Group analysts have predicted that the OSS marketplace will be worth £35 billion by 2008. OSS is software that is freely available (without discrimination) and can be copied, modified and redistributed ...
Smart buildings offer individuals, businesses and even cities better and more efficient ambient experiences. However, the connected technologies that make buildings “smart” tend to require processing massive amounts of data inputs, often including personal information ...
Brenna K. Legaard is a registered patent attorney with Schwabe, Williamson & Wyatt. Legaard wrote the following op-ed on the use of blockchain technology in health care. When health care professionals and consumers think of blockchain, their minds very likely go to famous cryptocurrencies like Bitcoin. But blockchain technology can be applied to so much more, including to the field of health care ...
The Bavarian Data Protection Authority ("BayLDA") has published an online test on its website that can be used by companies to determine how well they are prepared on key topics of the General Data Protection Regulation ("GDPR"). The GDPR will apply directly in the member states of the European Union with effect from May 25, 2018. This will result in significant changes to data protection law in many areas ...
Many companies use so-called tracking tools on their website to analyze the use of the website by their visitors, and possibly also to carry out advertising activities on the basis of user profiles created with the tracking tools. These tracking tools mainly use cookies, i.e. small files that can identify a user of a website and that are deposited on the respective user's computer ...
The Online Safety Bill is to be amended to include an offence for officers or senior managers of key tech companies who fail to comply with duties to protect children online. As currently drafted, the offence will apply to senior managers and officers (or those purporting to fulfil such functions) of "user-to-user services" (better known as social media sites, but they could include many online businesses, including forums, online gaming sites and cloud storage providers) ...
