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 ...
On March 18, 2005, the Quebec Court of Appeal handed down an important decision confirming that the evidence relating to the behaviour and practices of a “reasonable insurer” need not be provided by an expert witness. In CGU Compagnie d’assurances du Canada v. Sylvain Paul et al., (J.E. 2005-705), Justices Louise Mailhot, René Dussault and Marie-France Bich dealt with this issue in connection with an objection to evidence made by the attorney representing the insured, Mr ...
Only the terms of the insurance policy itself - and not the provisions of an underlying indemnity contract - determine the scope of coverage afforded to an additional insured, provided that the insurance and indemnity provisions in the underlying indemnity contract are separate and independent from one another. For additional insured and indemnity provisions to be deemed “separate and independent,” “Texas law only requires the additional insured provision to be a discrete requirement ...
COVID-19 has caused a swift and unprecedented change to many social institutions in the United States (and worldwide). As a result, lawyers have been compelled to adopt new practices and policies to face the challenges of this time. No discipline has been changed quite as much, however, as that of the litigator. COVID-19, for example, has changed the way depositions will look for the immediate future ...
Educational institutions (“recipient” or “recipient institutions”) have been waiting for the Department of Education to issue formal Title IX regulations after it issued interim guidance in September 2017. This interim guidance rescinded previous Obama-era guidance that called for strict enforcement of Title IX and indicated that new formal guidance would be forthcoming ...
On November 4, 2014, voters in Denton made that city the first in Texas to ban hydraulic fracturing within city limits. Within a day, lawsuits were filed by the Texas General Land Office and the Texas Oil and Gas Association, and state lawmakers and regulators voiced strong opposition to the ballot measure ...
The article explores Web 2.0 and Web 3.0, highlighting their characteristics, user implications, and regulatory concerns. It discusses the direction of Web 3.0 and emphasises the need for government awareness as these technologies advance. The Evolution of the World Wide Web The World Wide Web has undergone a series of dramatic transformations since its inception, with each stage of its evolution characterised by new technologies and modes of interaction ...
Asset tokenisation is poised to tear down the high barriers to luxury investments. Imagine you are a whisky aficionado. Having witnessed rare Scotch trounce many investments over the past 10 years, you are eager to jump on the bandwagon. It is, after all, a complementary way to fund an expensive hobby; according to industry watcher Rare Whisky 101’s Rare Whisky Icon 100 Index, UK auction prices of 100 iconic collectors’ bottles have almost quadrupled since 2012 ...
Decentralized Finance (DeFi) represents an emerging financial model that utilises distributed ledger technologies to provide functions like borrowing, investing, or trading digital assets, all without the need for conventional centralised intermediaries. Here is a quick update with what is occurring on the international stage ...
As concern over cybersecurity continues to grow,[1] defense contractors have been waiting for the Department of Defense (DoD) to roll out its Cybersecurity Maturity Model Certification (CMMC) program. That rollout has occurred, with DoD’s recently published interim rule Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019-D041)[2] (“Interim Rule”), effective Nov. 30, 2020, and providing for a five-year phase-in of CMMC ...
Despite being in existence for years, many have only recently become familiar with encryption. This follows heightened publicity around its use on popular social media platforms purportedly offering end-to-end encryption. Encryption (or cryptography) has been described as a mathematical formula or algorithm that encodes and decodes information, with only authorised persons having access to such information through a key ...
Following a short period of public consultation, the Telecommunications and Other Amendments (Assistance and Access) Bill 2018 (Cth) (Bill) has been introduced into Parliament. Despite the extensive public concerns raised with the Exposure Draft version, only a small number of amendments have been made to the Bill. Following extensive submissions and much debate, the 'decryption Bill' has now been introduced into Parliament ...
Scope of Article Declaratory judgment and interpleader actions can be very useful in insurance disputes. Declaratory judgment may be used to resolve issues such as whether a policy was validly issued or otherwise is in effect, the meaning of policy provisions, and the duties of the parties under the policy. See generally Long, Rowland H., The Law of Liability Insurance, Vol. 3, Matthew Bender 1993 ...
Despite the numerous decisions on state aid to mitigate the effects of the COVID 19 pandemic under the Temporary Framework, the Commission has also taken decisions outside this topic. The following decisions concern broadband vouchers for Italian households, the rollout of a gigabit network infrastructure in Germany and aid for charging infrastructure for electric vehicles in Schleswig-Holstein. Finally, some news on consultations and revisions to state aid rules are presented below ...
On 27th June 2021, the European Commission unveiled the new set of EU Standard Contractual Causes (‘SCCs’) that are to be used in instances when personal data are to be transferred from the EU/EEA to a third country ...
THE FACTS OF THE CASEThe case has as its backdrop a family tragedy. On the morning of April 22, 2002, Martin Brossard went to the residence of his former spouse, Liliane de Montigny. Following a sequence of events, the order of which could not be determined from the evidence, he strangled his spouse and drowned their two children, Claudia and Béatrice, in the bathtub of the residence ...
Dinsmore Intellectual Property Partner Adrian Cyhan and Christopher Smith of Brooks Kushman wrote the following article, "Dawn of a New Era: Licensing Standards in the Coming Age of 5G" for The Licensing Journal. 5G: What’s the Big Deal? The advent of 5G cellular wireless technology represents a major advance in speed and bandwidth of wireless communications ...
In September 2020, a team of MIT researchers published a paper in the IEEE Open Journal of Engineering in Medicine and Biology, testing the hypothesis that coronavirus carriers—even asymptomatic ones—could be accurately detected using artificial intelligence (AI) based on only a phone recording of a forced cough.If this hypothesis is correct, the COVID-19 test can be accessible to people worldwide ...
We held Datasymposium 2023 – one of Finland's largest events focusing on data regulation and data utilisation – on 25 October at Bio Rex Lasipalatsi. The popular event, organised in partnership with Technology Industries of Finland, gathered hundreds of experts to discuss the effects of EU's new data regulation and its application from the perspective of trade secrets and data privacy ...
Please note the following press release. This press release is available at our homepage. DATAGROUP, advised by Heuking, acquires iT TOTAL AG A team led by Dr. Rainer Herschlein and Benedikt Raisch legally advised DATAGROUP SE on the acquisition of iT TOTAL AG. DATAGROUP thus expands its footprint in southwest Germany and enhances its position with attractive customers and experienced IT professionals ...
The task of upgrading and developing the UK’s electric vehicle (EV) charging infrastructure to cope with current and future demand is no mean feat. The UK Government has committed to ending the sale of new petrol and diesel cars by 2030 ...
Living in a data democracy, we have got used to thinking that ‘data protection’ in the private sector Is separate from police and intelligence services activity. But is this really true? In Europe, data protection rules about the two spheres originated in different directives: ‘general’ processing and ‘law enforcement/intelligence services’ processing ...
Companies thinking about their ESG goals may be tempted to conclude that good data ethics are a straightforward “win-win”. But when it comes to aligning data protection principles and reducing carbon footprint, things are not always that straightforward. Although we talk airily of data existing “in the cloud”, and being in a “virtual world”, data is a physical resource like any other, with real-world demands for space and energy ...
