Can An Infringer Have Locus Standi As An Aggrieved Party? This case raised a few important and novel issues that dealt with the locus standi of an aggrieved person, Internet searches as evidence for use of a trade mark and the role of a sub-brand as a source identifier when used together with a house brand ...
April 20, 2022 By: Arielle Seidman and Anthony Martin Automated and algorithmic decision-making tools have become run-of-the-mill in everything from loan and apartment applications to employment searches and university acceptances. Such tools provide increased efficiency, accuracy, and customer satisfaction for, among many others, banks and financial institutions ...
Below is an excerpt: The new ChatGPT platform, developed and operated by OpenAI LLC, has taken the world by storm. It has an impressive ability to take direction and, in turn, produce prose in almost any context — including those that could be used in a litigation practice. While ChatGPT certainly presents unique opportunities to litigators for streamlining certain areas of practice, they should be cautious of potential pitfalls with handing over the reins ...
SEC Commissioner Hester Peirce (“Peirce”) recently delivered an address on digital assets regulation at the Digital Assets at Duke Conference. The two-day meeting brought together regulators, academics, experts, policymakers, and other key stakeholders in the industry to discuss and debate the future of digital assets and distributed ledger technology (“DLT”) ...
The Technology and Construction Court (TCC) in Eco World - Ballymore Embassy Gardens Company Ltd v Dobler UK Ltd [2021] EWHC 2207 (TCC) enforced a liquidated damages (LDs) clause that did not allow for a proportionate reduction following partial possession of sections of a development. The TCC rejected that the clause was a penalty, and considered the argument that an invalid liquidated damages clause could still operate as a valid cap of liability ...
On September 8, 2021, Mr. Éric Girard, Minister of Finance, presented his Draft Regulation specifying the classes of liability insurance contracts that may derogate from public policy rules previously applicable to liability insurance (the? Draft Regulation ?), Namely those set out in articles 2500 and 2503 of the Civil Code of Quebec (? CCQ? ) concerning the insurer? s duty to defend and the exclusive application of insurance coverage to injured third parties ...
The European Parliament dealt a blow to programmers seeking clarity on the patentability of computer-implemented inventions last month when it rejected a draft European Directive on the subject (the "CII Directive") by an overwhelming majority ...
On August 2, 2012, the Court of Appeal rendered a major decision on professional liability insurance1. As a result of this ruling, insureds and insurers alike should review the wording of such policies, especially gross fault exclusions and the definition of "professional activities". The ruling is also noteworthy for its treatment of apportionment of liability between the professional and the client ...
In August 2009, the Court of Appeal issued a judgment(1) in which it ruled on the foll owing interesting practical issues relating to liability insurance:1) what is the appropriate procedural vehicle for a liability insurer to exercise recourse against another insurer in situations where there is overlapping insurance?2) does the exception respecting members of the household of the insured (article 2474 C.C.Q ...
[!<CDATA[ Over the past decade, financial technology companies (fintechs) have been on the rise, disrupting all segments of the financial industry. Their innovative technology, swift adaptation to market trends, and ability to create personalized and efficient customer experiences enabled them to reshape the way we look at, use, and provide financial services ...
As noted in numerous recent publications, captives have been receiving an increased amount of regulatory attention, not just from the domicile states which regulate them, but, more significantly, from national or international bodies. The NAIC Captives and Special Purpose Vehicles Working Group completed its examination of captives and now two captive related proposals are being considered at the NAIC ...
COVID-19 brought a tremendous disruption of normal daily life/business affecting personal life and businesses alike. People and companies/ institutions alike are in continuous assessment of solutions and compromises to mitigate the impact of the COVID – 19 pandemic. In the context of a continuously evolving environment, we all need to adapt and try to keep control on negative impact ...
With ever-increasing malware, spear phishing and ransomware attacks on corporate America and ever-contracting terms insuring “cyber” liability under traditional insurance, more and more risk managers are venturing into the market for dedicated network security and privacy liability or “cyber” insurance. Others remain dubious—preferring “traditional” coverage to policies that are little understood and even less tested by claims ...
When you think of technological changes, you may not immediately think of the horse industry. Everything is more accessible now, thanks to the internet, and that includes your sport horse trainer and/or students. With live streaming and robot cameras, trainers are now able to connect in real time via video with students across the state, country and even across the globe ...
In Markit Systems (Pty) Limited v Fulcrum Group (Pty) Limited, the Gauteng Local Division of the High Court held that the customer was within its rights to cancel an agreement it had with a service provider because the parties had not been able to agree on the scope and details to be included in the schedule to the agreement ...
On 24 March 2021, the EU Member States agreed to begin negotiations with the European Parliament concerning a legislative proposal on health technology assessment. Health technology includes medicinal products, medical devices or medical and surgical procedures, as well as measures for disease prevention, diagnosis or treatment used in healthcare ...
Legislative Decree No 1476 (hereinafter referred to as the Legislative Decree) was published on May 05 2020. This Legislative Decree, through which - as expressly established - the aim would be to guarantee the transparency of information in the provision of services provided by private educational institutions (hereinafter referred to as Schools), to enable users of said services to make an appropriate and timely decision on such services ...
Legaltech news By Isha Marathe, Legal Tech Reporter February 01, 2023 While more in-house attorneys and general counsel depend on legal technology, traditional procurement processes, and an abundance of tools, is slowing down adoption, according to the Legal 500 Global Edition of GC: In-House Tech Survey 2023 ...
A key feature of Undertakings for the Collective Investment in Transferable Securities (“UCITS” fund) is the Key Investor Information Document (“KIID”), which provides the retail investor with simplified information from the prospectus. UCITS also qualify as Packaged Retail Investment and Insurance Products (“PRIIPS”) ...
Saravut Krailadsiri, our tax partner and Pichaya Nimcharoen, our tax associate recently published a journal for Thailand’s Office of Judicial and Legal Affairs of the Court of Justice, Thailand as part of “Dunlaphaha: Journal of the Court of Justice ...
Through External Circular No. 001 of March 23, 2020, the Superintendence of Industry and Commerce (SIC) made clear that mobile phone operators and private entities in general have legal grounds to provide to the National Planning Department (DNP), as well as to public entities that so require it, personal data that is necessary to address, prevent, treat and/or control the spread of COVID-19 and mitigate its effects ...
The COVID-19 virus (commonly known as the “coronavirus”) is affecting companies’ commercial activities around the world, with particular impact on supply chains and employment and insurance law. There is also a question around the measures the competent authorities may impose to prevent or contain the spread of the coronavirus. A ...
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